SWIVEL

Terms of Use

These Terms of Use (these “Terms of Use”) represent a legal agreement made by and between Swivel Transactions, LLC (“Swivel Transactions”), a Texas limited liability company, and you, the user (“you” or “your”).

These Terms of Use contain the complete terms, conditions, and notices that govern the use of Swivel Transactions’s websites (the “Swivel Transactions Web Site”). The Swivel Transactions Web Site is comprised of various Web pages operated by Swivel Transactions.

The Swivel Transactions Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Swivel Transactions Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Swivel Transactions reserves the right to change the terms, conditions, and notices under which the Swivel Transactions Web Site is offered, including but not limited to the charges associated with the use of the Swivel Transactions Web Site.. Swivel Transactions may revise these Terms of Use at any time by updating this posting. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Swivel Transactions Web Site shall constitute your acceptance thereof.

LINKS TO THIRD PARTY SITES

The Swivel Transactions Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Swivel Transactions and Swivel Transactions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Swivel Transactions is not responsible for webcasting, or any other form of transmission received from any Linked Site. Swivel Transactions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Swivel Transactions of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Swivel Transactions Web Site, you warrant to Swivel Transactions that you will not use the Swivel Transactions Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Swivel Transactions Web Site in any manner which could damage, disable, overburden, or impair the Swivel Transactions Web Site or interfere with any other party’s use and enjoyment of the Swivel Transactions Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Swivel Transactions Web Sites.

USE OF COMMUNICATION SERVICES

The Swivel Transactions Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such
    •  
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
    • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Swivel Transactions has no obligation to monitor the Communication Services. However, Swivel Transactions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Swivel Transactions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Swivel Transactions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Swivel Transactions’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Swivel Transactions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Swivel Transactions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Swivel Transactions spokespersons, and their views do not necessarily reflect those of Swivel Transactions.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SWIVEL TRANSACTIONS OR POSTED AT ANY SWIVEL TRANSACTIONS WEB SITE

Swivel Transactions does not claim ownership of the materials you provide to Swivel Transactions (including feedback and suggestions) or post, upload, input or submit to any Swivel Transactions Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Swivel Transactions, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Swivel Transactions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Swivel Transactions’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SWIVEL TRANSACTIONS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWIVEL TRANSACTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SWIVEL TRANSACTIONS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SWIVEL TRANSACTIONS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SWIVEL TRANSACTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SWIVEL TRANSACTIONS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWIVEL TRANSACTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIVEL TRANSACTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SWIVEL TRANSACTIONS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SWIVEL TRANSACTIONS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SWIVEL TRANSACTIONS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SWIVEL TRANSACTIONS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWIVEL TRANSACTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SWIVEL TRANSACTIONS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SWIVEL TRANSACTIONS WEB SITE.

TERMINATION/ACCESS RESTRICTION

Swivel Transactions reserves the right, in its sole discretion, to terminate your access to the Swivel Transactions Web Site and the related services or any portion thereof at any time, without notice.

ARBITRATION; JURISDICTION; JURY TRIAL & CLASS ACTION WAIVERS

Any dispute, controversy, or claim arising out of or related in any manner to these Terms of Use or use of the Swivel Transactions Website shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in Bexar County, Texas. The language of the arbitration shall be English. These Terms of Use are governed by the laws of the State of Texas (excluding its conflict of laws rules), provided that any dispute, controversy, or claim shall be solely and finally settled by arbitration in accordance with this section. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award damages, subject to the limitations set forth in the Liability Disclaimer section of these Terms of Use. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes, controversies, and claims arising out of, in connection with, or related to these Terms of Use. Notwithstanding the foregoing in this paragraph, the seeking of injunctive relief may be submitted to a court of competent jurisdiction.

YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED IN ANY MANNER TO THESE TERMS OF USE OR USE OF THE SWIVEL TRANSACTIONS WEBSITE. ARBITRATION DOES NOT PROCEED BEFORE A JURY AND MAY INVOLVE MORE LIMITED DISCOVERY THAN A COURT PROCEEDING. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT ALL DISPUTES, CONTROVERSIES AND CLAIMS ARISING OUT OF OR RELATED IN ANY MANNER TO THESE TERMS OF USE OR USE OF THE SWIVEL TRANSACTIONS SHALL BE RESOLVED ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND SHALL NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PARTIES. YOU MUST NOT USE THE SWIVEL TRANSACTIONS WEB SITE IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE PRECEDING PARAGRAPH.

If for any reason any dispute, controversy, or claim is not otherwise subject to arbitration (such as, by way of example only,

injunctive relief or claims to enforce an arbitration award), such dispute, controversy, or claim shall be brought in the state or federal courts located in Bexar County, Texas.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Swivel Transactions, its officers, directors, employees, agents, suppliers, licensors, and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swivel Transactions as a result of these Terms of Use or use of the Swivel Transactions Web Site. Swivel Transactions’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Swivel Transactions’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Swivel Transactions Web Site or information provided to or gathered by Swivel Transactions with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Swivel Transactions with respect to the Swivel Transactions Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Swivel Transactions with respect to the Swivel Transactions Web Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English. Swivel Transactions’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Swivel Transactions may assign its rights and duties under these Terms of Use to any party at any time without notice to you. These Terms of Use constitute the entire agreement between you and Swivel Transactions with respect to the Swivel Transactions Web Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Swivel Transactions with respect to the Swivel Transactions Web Site.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Swivel Transactions Web Site are:  Copyright 2022 by Swivel Transactions and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law must be sent to Swivel Transaction’s designated agent at: Swivel; an SWBC Company, 9311 San Pedro Ave Ste 600, San Antonio, Texas, 78216, address, phone number: (800) 527-0066, fax number: 210-321.7543, and support@getswivel.io electronic mail address]. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

NOTICES AND PROCEDURE FOR MAKING OTHER NOTICES TO SWIVEL TRANSACTIONS REGARDING TERMS OF USE

With respect to all other notices to Swivel Transactions regarding these Terms of Use (other than notifications of claimed copyright infringement under United States copyright law), you must send notices to: support@getswivel.io