Terms of Service

General

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and (SwiftXchange, “we”, “us”, or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Illinois, USA, and have our registered office at 110 N. Wacker Dr., Chicago. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm- Leach-Bliley Act (GLBA).

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Use of This Site

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Responsibilities and Restrictions

You agree not to:

1. Systematically retrieve data or other content from the Site to create or compile a collection,

2. Attempt to trick, defraud, or mislead us or other users, especially by trying to obtain sensitive account information like user passwords.

3. Circumvent, disable, or interfere with security features of the Site, including those that prevent or limit the use or copying of Content.

4. Disparage, tarnish, or harm us or the Site in any way.

5. Use information from the Site to harass, abuse, or harm others.

6. Misuse our support services or submit false reports of abuse or misconduct.

7. Violate any applicable laws or regulations when using the Site.

Disclaimer of Warranties

The Site is provided on an as-is and as-available basis. Your use of the Site and our services is at your sole risk. We disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

We make no warranties or representations regarding the accuracy or completeness of the Site's content or linked websites. We assume no liability for (1) errors or inaccuracies in content, (2) personal injury or property damage resulting from your use of the Site, (3) unauthorized access to our secure servers or your personal/financial information, (4) interruption or cessation of Site transmission, (5) transmission of harmful elements by third parties, or (6) errors or omissions in content.

We do not endorse or assume responsibility for third-party products or services advertised on the Site or through links. We are not responsible for transactions between you and third-party providers. Use your best judgment and exercise caution when dealing with third-party products or services.

No Liability

In no event will SwiftXchange or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if SwiftXchange has been advised of the possibility of such damages.

SwiftXchange Indemnified

You agree to defend, indemnify, and hold SwiftXchange harmless, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, SwiftXchange reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SwiftXchange, and you agree to cooperate, at your expense, with SwiftXchange's defense of such claims. SwiftXchange will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.