SWIFTSTACK WEBSITE TERMS OF USE

These SwiftStack Website Terms of Use were last modified on 19th August 2015 and are effective on Your use of the SwiftStack website at swiftstack.com, (the "Site").

"We", "Us", or "Our" means the SwiftStack Inc., company with its principal place of business at 333 Bush St., Suite 1650, San Francisco, CA 94104.

"You" or "Your" means the You or the company or other legal entity on whose behalf You are accepting these Terms of Use, including any affiliates of that company or entity.

The following terms and conditions govern all use of the Site by You. By completing a registration process, downloading any material that We make available on the Site, accessing, browsing, or by using the Site, You agree that You have read, understood and agree to these terms of use ("Terms of Use" or "Terms"). These terms and conditions do not govern Your use of any of Our software products or any services that may be offered or provided by Us from or in connection with the Site or otherwise which are subject to their own terms and conditions.

If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms, in which case "You" or "Your" shall refer to such entity and its affiliates. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS SITE. The Site is available only to individuals who are at least 13 years old.

  • 1SITE USE
  • 1.1 Rights Reserved. Except for the express right granted by Us under these Terms, We retain all right, title and interest in, to and arising out of the Site, its contents, and any derivatives, improvements, modifications and updates thereof created by or for Us, whether in the course of providing the Site or otherwise. Specifically, We do not grant You any licenses, express or implied, to Our intellectual property of that of any thirty party. All trademarks, logos and service displayed on this Site are the property of their owners.
  • 1.2Permitted Use. Subject to compliance with these Terms, We grant to You a limited, non-exclusive, nontransferrable, non-sublicensable right to: (i) access and use the Site for Your personal and internal business purposes; (ii) view, download and print the materials We make available on the Site; and (iii) use the documentation available on the Site in support of such access and use of Our products which are licensed under separate terms. You may use any material from this Website including white papers, case studies, application notes, tech notes and other documents, provided that (i) You include the corresponding copyright notice in all copies, and (ii) You make no modifications to the documents.
  • 1.3Other Products and Services. These Terms of Use do not govern Your use of any products or services that may be offered by Us from or in connection with the Site or otherwise which are subject to their own terms and conditions.
  • 1.4External Links. This Site may contain links to other websites and resources. We are not responsible for the availability, accuracy or reliability of any information, data, opinions, advice, or statements made on these sites, including for any services You may obtain by contacting any person as a result of Your use of this Site or the features hereof, or for the privacy policies followed by these sites. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement. If You link to, or purchase any products or services from, any such linked site, You do so at Your own risk.
  • 1.5Restrictions on Use. You may not sublicense the rights granted to You under these Terms. You may not “mirror” any content contained within this Site without Our written consent. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, database or directory without Our permission is prohibited as is any Use of the content or materials for any purpose not expressly permitted in these Terms.
  • 1.5Remedies. If You breach any of these Terms, We may, in addition to any other remedies available at law or equity, disable Your access. If You are dissatisfied with this Site, or any portion thereof, Your exclusive remedy shall be to cease using the Site.
  • 2.YOUR CONTENT. Any material, information or ideas that You transmit to or post to or through this Site by any means (“Your Content”) will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by Us for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by You will be handled in accordance with our Privacy Policy which can be viewed at swiftstack.com/privacy-policy. You acknowledge and agree that You are solely responsible for Your Content. You represent and warrant that: (i) You are either the sole and exclusive owner of all Your Content that You make available through the Site or You have all rights, licenses, consents and releases that are necessary to grant Us the rights to use Your Content as contemplated; and (ii) neither Your Content nor Your posting, uploading, publication, submission or transmittal of Your Content or Your use of Your Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • 3.DISCLAIMERS
  • 3.1General. THE SITE AND ANY CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF CONTENT, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • 3.2Contact with Other Users YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DO WE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
  • 4.INDEMNIFICATION

    You agree to indemnify and hold Us and Our officers, partners, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your use of this Site or its products or services or Your violation of these Terms.

  • 5.LIMITATION OF LIABILITY

    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OUR USE OF THE SITE OR FOR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR USE OF THE SITE.

  • 6.UPDATES TO THESE TERMS OF USE

    We reserve the right to modify these Terms of Use by posting updates terms at swiftstack.com/website-terms-use. no later than thirty (30) days prior to the posted effective date of such update. If You continue to use the Site after the posted effective date, You hereby agree to the updated terms.

  • 7.MISCELLANEOUS
  • 7.1.Export Control.

    This Site is controlled and operated by Us from with in the United States. We make no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. If You choose to use the Website from any other location, You do so on Your own initiative and are solely responsible for compliance with all applicable laws. You agree to comply fully with all U.S. and foreign export laws and regulations and to ensure that You do not use or export or re-export directly or indirectly the Site or any content accessible through it in violation of, or for any purposes prohibited by, such laws and regulations.

  • 7.2.No Waiver.

    No failure or delay on Our part to exercise any power, right, privilege or remedy under these Terms, will operate as a waiver thereof.

  • 7.3.Privacy Policy.

    We value Your privacy and will take all reasonable steps to protect Your personal information collected in Your use of the Site. See our Privacy Policy swiftstack.com/privacy-policy for more details.

  • 7.4.Severability.

    If any provision of these Terms is found to be unenforceable or invalid, the remainder of these Terms will not be affected and will continue to be valid and enforceable to the fullest extent permitted by law.

  • 7.4.Termination.

    We reserve the right to discontinue all or part of the Site, limit or revoke Your access to and use of the Site, or to remove content at any time.

  • 8.CONTACT

    For questions, comments or concerns regarding these Terms of Use, please contact us at contact@swiftstack.com