terms of use

Policy last updated: November 1, 2012

Your use of this site is expressly conditioned on your acceptance of these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use this site.

Swiftrate, LLC reserves the right to modify these Terms of Use at any time. Continued use of this site by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly.

Copyright / Trademark

Except where otherwise indicated, all materials contained in this Web site are the copyrighted property of Swiftrate, LLC, its affiliated companies and/or third party licensors. The Swiftrate logo, all other service marks, and the names of various products and services described within are service marks of Swiftrate, LLC or its affiliates.

Permission is hereby granted to use, copy and distribute these materials as presented in this Web site and without alteration for non-commercial purposes only; provided that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited.

Except as expressly provided herein, you shall not use any portion of this Web site, or any other intellectual property of Swiftrate (including, but not limited to Swiftrate service marks), on any other Web site, in the source code of any other Web site, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this Web site’s content or frame this Web site within any other Web site without our prior written permission.

Swiftrate does not knowingly permit anyone to post on this Web site materials that infringe on the intellectual property rights of third parties. If you believe that your work has been copied and is available on this Web site in a way that constitutes copyright infringement, please provide our designated agent (named below) with a notice that includes substantially the following information:

  • (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • (2) identification of the copyrighted work claimed to have been infringed;
  • (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • (4) your contact information, including your address, telephone number, and email address;
  • (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Upon receipt of a notice meeting the above requirements, we will respond in accordance with the Digital Millennium Copyright Act to remove or disable access to the material claimed to be infringing or to be the subject of infringing activity. We will also terminate account access by repeat infringers where we deem appropriate. Our designated agent for notices concerning copyright infringement is:

Aaron Wallrich, CEO

Swiftrate

304 E Green Bay St

Shawano, WI 54166

swiftrate@gmail.com

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Submitted Ideas Policy

When you submit ideas or materials to Swiftrate (“Submissions”), such as for marketing, advertising, promotions, contests, products, services, devices, processes, trademarks, logos, artwork, music, photos, or videos, you grant to Swiftrate a perpetual, irrevocable, world-wide, royalty-free right and license to use, modify, publish, disclose, or exploit the Submission at Swiftrate’s discretion.

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Third-Party Sites

This site contains links to other Internet Web sites (“Third-party Sites”) that are not maintained by Swiftrate. These links are provided solely for your convenience. Swiftrate makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party Sites. We recommend that you take the time to read the privacy policies and user agreements of these sites.

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Privacy and Security

Please review our Privacy Policy, which also governs your visit to this web site.

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Password Registration

Some Areas of Swiftrate’s site are restricted and require a user identification code (“User ID”) and a password for access. Unauthorized use of or access of such sites is strictly prohibited.

In accessing Swiftrates secure areas requiring a User ID and password, you agree that:

  • – Swiftrate is entitled to act on instructions received under your User ID and password.
  • – Swiftrate is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Swiftrate.
  • – You will keep your password confidential and you will notify Swiftrate immediately if you believe someone else has obtained your User ID and password or any unauthorized access to the online service site has occurred or may occur.
  • – Swiftrate may block access to the online service site without prior notice if we believe your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.

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Disclaimer of Warranty

The content and materials in this site are provided “as is” and without representations or warranties of any kind, either express or implied. Swiftrate expressly disclaims all warranties, express or implied, with respect to this site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Swiftrate does not warrant or represent that the functions or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers or any e-mail sent from Swiftrate are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

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Limitation of Liability

Swiftrate shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) unless resulting from the gross negligence or intentional actions of Swiftrate, the unauthorized access to or alteration of your transmissions or data, even if Swiftrate has been advised of the possibility of such damages. Some states do not allow the exclusion of liability for certain damages, so the foregoing exclusions or limitations may not apply to you.

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Jurisdiction / Enforceability

Use of this site shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in Shawano County, Wisconsin. Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

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