SWIFTMLS, Inc. Terms of Use

THIS WEB PAGE CONTAINS A LEGAL DOCUMENT ("AGREEMENT") BETWEEN YOU THE USER COMPANY AND SWIFTMLS, Inc. THIS AGREEMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE WEBSITE ("THE SITE"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE SITE. ALL MATERIALS, SERVICES AND INFORMATION PROVIDED ON AND THROUGH THE SITE SHALL BE USED SOLELY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. BY USING AND ACCESSING THE SITE YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND USE THE SITE. SWIFTMLS, Inc. RESERVES THE RIGHT TO CHANGE THE AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION. USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE AGREEMENT, AS DENOTED BY THE DATE, POSTED ON THE SITE AT THE TIME OF USE. YOU SHOULD VISIT THIS WEB PAGE PERIODICALLY TO REVIEW THE AGREEMENT.

WEBSITE TERMS AND CONDITIONS

The following terms and conditions of this Agreement are made and become effective as of the date on which this Agreement is executed by and between SWIFTMLS, Inc. and you the individual subscribing to the Site (hereinafter referred to as the "User"). Execution is considered complete when User accesses our website.

BACKGROUND FACTS

SWIFTMLS, Inc. has developed and owns this website (the "Site") and the functionality thereof, and makes available for use on this Site information, documents, software, services and products (collectively, the "Materials") supplied by SWIFTMLS, Inc. or other third parties (hereinafter referred to collectively as "Providers") and subject to the terms and conditions set forth in this Agreement.

LIMITED LICENSE

SWIFTMLS, Inc. hereby grants User a non-exclusive, non-transferable and revocable limited license to access and use the Site and applicable Materials in accordance with this Agreement solely for the benefit of User. SWIFTMLS, Inc. may terminate this license for convenience at any time without notice. User shall abide by all applicable local, state, national and foreign laws, and regulations in connection with the Site and Materials. No part of the Site may be reproduced, republished, copied, transmitted or distributed in any form or by any means.

COPYRIGHT

The Materials on this Site, as well as, the design and layout of this Site, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials and this Site as described in the preceding paragraph may violate such laws. Except as expressly provided herein, SWIFTMLS, Inc. and its Providers do not grant to Users of the Site any express or implied right to User under any patents, copyrights, trademarks, or trade secret information with respect to the Site and Materials.

USER CONDUCT

SWIFTMLS, Inc. may interrupt or terminate User's access to the Site or Materials:

• if User does not honor any provision of the Agreement,

• if User uses the Site in a manner that adversely affects service to other users or harasses SWIFTMLS, Inc. 's users or employees,

• if User uses the Site to engage in fraud or unlawful conduct or is suspected of doing so, or

• if User provides false information on User's registration form or impersonates another person at any point

If User violates such terms, SWIFTMLS, Inc. may, without prior notice, ban User from any and all Materials and the Site, terminate User's registration and take any other action SWIFTMLS, Inc. deems appropriate in its sole discretion.

ADMINISTRATION AND PROTECTION OF ACCOUNT AND PASSWORD

User is responsible for maintaining the confidentiality of its account and password. User is responsible for all uses of its account, whether or not actually or expressly authorized by User.

SUPPORT

SWIFTMLS, Inc. agrees to provide standard email support, with a response time of two business days and during SWIFTMLS, Inc. normal business hours of 9:00 A.M. to 6:00 P.M. Eastern Standard Time.

DISCLAIMERS

ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SWIFTMLS, Inc. AND ITS PROVIDERS MAKE NO WARRANTY THAT (i) THE SITE AND MATERIALS WILL MEET USER'S REQUIREMENTS, (ii) THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE SITE WILL MEET USER'S EXPECTATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.

This Site may contain links to third-party Web sites that are not under the control of SWIFTMLS, Inc.. SWIFTMLS, Inc. makes no representations whatsoever about any other website to which User may have access through this Site. When User accesses a non- SWIFTMLS, Inc. website, User does so at User's own risk and SWIFTMLS, Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. SWIFTMLS, Inc. provides these links merely as a convenience and the inclusion of such links does not imply that SWIFTMLS, Inc. endorses or accepts any responsibility for the content or uses of such websites.

The use of the services or the downloading or other acquisition of any Materials through the site is done at User's own discretion and risk and with User's agreement that User will be solely responsible for any damage to User's computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by User from SWIFTMLS, Inc. or through or from the Site shall create any warranty not expressly stated in this Agreement.

PERSONAL INFORMATION AND PRIVACY

To learn about how SWIFTMLS, Inc. protects User personal information, refer to the SWIFTMLS, Inc. online Privacy Policy.

INDEMNIFICATION

User agrees to indemnify and hold SWIFTMLS, Inc., and its parent, subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any and all liabilities, claims, demands and expenses, including reasonable attorneys' fees, due to or arising out of User's use or misuse of the Site, any services therein, or for infringement by User of intellectual property rights or other rights of any third party. SWIFTMLS, Inc. may assume exclusive control of any defense or any matter subject to indemnification by User and User agrees to cooperate with SWIFTMLS, Inc. in such event.

DISPUTE RESOLUTION

If a dispute arises under this Agreement, upon either party's written request or notice to the other, the parties will each appoint a designated representative to attempt in good faith to resolve such dispute. Except for disputes where preliminary injunctive relief is an appropriate remedy, no formal legal proceedings may be commenced with respect to any dispute until the designated representatives conclude in good faith that amicable resolution through continued negotiation of the matter at issue does not appear likely. Except as otherwise provided in this Agreement, this article will apply before either party may terminate this Agreement. SWIFTMLS, Inc., however, may suspend access to the Site pursuant to the terms listed above.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SWIFTMLS, Inc., ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, PROVIDERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SWIFTMLS, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE, OR ANY SERVICES OR MATERIALS PROVIDED OR AVAILABLE HEREUNDER. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by SWIFTMLS, Inc. from its offices within the state of Florida, United States of America. By accessing this Site, User and SWIFTMLS, Inc. agree that all matters relating to User's access to, or use of, this Site shall be governed by the statutes and laws of the State of Florida.

TRADEMARK INFORMATION

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of SWIFTMLS, Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of SWIFTMLS, Inc. or such third parties, which may own the Marks.

ASSIGNMENT

SWIFTMLS, Inc. may assign this Agreement to another entity without any advance consent from or notice to User. User may not assign this Agreement without the consent of SWIFTMLS, Inc..

NO WAIVER; SEVERABILITY

If SWIFTMLS, Inc. does not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.