Terms & Conditions
By accessing or using Swingbyte, you agree to be bound by the following terms and conditions of use:
These terms and conditions of use may be changed at any time by Swingbyte posting changes online. Your continued access and use of Swingbyte's Web site will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check the terms and conditions regularly.
- Section 1: Copyright warning
Swingbyte endeavors to ensure that information is correct but does not accept any liability for error or omission.
Users are permitted to copy some material for their personal use, but may not republish any substantial part of the data either on another website or as part of any commercial service without the prior written permission of Swingbyte.
- Section 2: Conditions of use
Swingbyte seeks to enhance its relationship with its clients and business partners through its site. We therefore expect that you and anyone else using your Swingbyte accounts will be responsible and have respect for the utilities on the Web site and for other users. For your benefit Swingbyte reserves the right to prohibit abusers of the site and its contents and to terminate any accounts this user might have.
Abuse would include things like acts, which violate the law, posting threatening, abusive or harassing or vulgar materials, transmission of viruses and other disruptive material, transmission of junk or spam mail, advertising and endorsement of products or services without Swingbyte's permission, and attempts to collect or store personal information about other users of Swingbyte's Web site.
You are solely responsible for any and all information that you distribute in any way ('Your Content') using Swingbyte and any consequences that may result from Your Content. You acknowledge that, like you, each user of Swingbyte is solely responsible for any and all information. Swingbyte does not review and has no obligation to monitor such content.
Swingbyte has the right to refuse and remove any content uploaded, posted distributed using Swingbyte's Web site, including any of Your Content. Swingbyte may also retain Your Content and disclose Your Content (including the contents of your private communications):
if required by law:
to properly operate and maintain Swingbyte's Web site
in connection with any claim that Your Content violates the rights of any third-party
to protect itself, its officers, directors and employees, the users of Swingbyte's site and the public
to enforce these terms and conditions.
By providing Your Content through any publicly accessible areas of Swingbyte's site, you automatically grant to Swingbyte a perpetual, royalty free, irrevocable, non-exclusive right and license to use reproduce, modify, adapt, publish, translate, create derivative works from and distribute such of Your Content into any form, medium or technology now known or hereafter developed. In addition you waive any and all moral rights in such of Your Content.
- Section 3: Company's Liability; Disclaimer of Consequential Damages
The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Swingbyte makes no representations about the results to be obtained from using the Swingbyte Site or the Content. The use of the Swingbyte Web site and the Content is at your own risk.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE Swingbyte SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF Swingbyte AND ITS SUPPLIERS. ACCORDINGLY, Swingbyte ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE Swingbyte SITE. IF YOUR USE OF THE Swingbyte SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, Swingbyte IS NOT RESPONSIBLE FOR THOSE COSTS.
THE Swingbyte SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Swingbyte, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Swingbyte, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE Swingbyte SITE.
IN NO EVENT SHALL Swingbyte, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE Swingbyte WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE Swingbyte AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Swingbyte IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Section 4. Order Acceptance
- The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Swingbyte reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
- Section 5. Termination of Usage
- Swingbyte, Inc. may terminate User access, or suspend any User's access to all or part of its sites and services, without notice, for any conduct that Swingbyte, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or Swingbyte.
- Section 6: Links to Other Sites
- Swingbyte may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Swingbyte of the content on such third-party websites. Swingbyte is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use for such sites.
- Section 7: Indemnity
- You agree to defend, indemnify and hold Swingbyte, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content and the Services in a manner that violates or is alleged to violate these Terms and Conditions. Swingbyte shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
- Section 8: Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Swingbyte, or in any way relating to use of the Swingbyte Site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving Swingbyte or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Section 9. Complete Agreement
- EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE Swingbyte WEBSITE, OR IN THE SERVICE AGREEMENT, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE Swingbyte SITE, SERVICES, AND CONTENT.