Your Agreement to These Terms of Service

Terms of Service

Effective as of June 1, 2017

Your Agreement to these Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. By accessing or using Swerve-io’s service, you are agreeing that you have read, understood, and agree to be legally bound by Swerve-io’s Terms of Service and Swerve-io’s Privacy Policy.

You further agree, represent and warrant that: (1) the information you provide Swerve-io is true, accurate, current, and complete to the best of your knowledge; (2) you are at least 13 years of age; and (3) your use is in compliance with thelaws applicable to you. If you do not agree to these Terms of Service, do not access or otherwise use any of Swerve-io’s service.

Security

You are responsible for maintaining the confidentiality of your account and passwords associated with any account you use to access our service and for any activity that occurs under your account or password. Please notify us immediately at if you believe that your account is no longer secure. Swerve-ioreserves all rights and remedies to prevent unauthorized use of our service.

Swerve-io makes reasonable efforts to ensure the security of user content and information against unauthorized use, copying and distribution. We cannot, however, guarantee the user content and information will not be the subject of unauthorized copying, use or distribution. Accordingly, your use of Swerve-io and posting of any content or information on or through Swerve-io’s services is done at your own risk.

Privacy Policy

Please see our Privacy Policy to learn how we collect, use, and disclose your personal and non-personal information. By agreeing to these Terms of Service or accessing or using our service, you are agreeing to the terms of our Privacy Policy.

Access Through Third-Party Accounts

Swerve-io may permit or require you to register for and log into Swerve-io’s service via third-party service providers. When logging in to Swerve-io’s service via a third-party service provider, Swerve-io may use some of your account information maintained with that third-party service provider. The use of any account information you provide to a third-party service provider is subject to that service’s privacy policy.

Use of Our Service

You are responsible for any fees or charges associated with your use of our service, including fees or charges for your Internet connection, mobile or device usage, or third-party services.

By posting content or information on or through Swerve-io’s service: (a) you represent that you own or have the right to post the content or information; (b) you represent that you are not violating, misappropriating, or infringing the rights of any third party; (c) you represent that you agree to pay for all resulting royalties, fees, and any other monies owed; (d) you represent that the content or information you post does not contain viruses, adware, spyware, worms, or other harmful or malicious code; and (d) you grant Swerve-io an unrestricted, worldwide, perpetual, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such any content or information you post on or through our service; and (ii) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with the content or information you post on or through our service.

All content and information available on or through our service is provided subject to copyright and trademark laws, with all rights reserved. We do not transfer to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain with the original owner. Nothing in this agreement gives you a right to use any of our or our licensors' trade names, trademarks, service marks, logos, or domain names.

Swerve-io’s service contains content and information provided by you, other Swerve-io users, and third-parties. Swerve-io is not responsible for, and does not endorse, content or information posted on or through our service. Swerve-io does not represent the accuracy, usefulness, or safety of such content or information. Further, Swerve-io is not obligated to prescreen, monitor, edit or remove posted content or information. You use Swerve-io’s service at your own risk.

Swerve-io reserves the right, but does not have any obligation, to monitor use of and content and information posted on our service; to remove any content or information that we consider inappropriate or unlawful or otherwise likely to cause liability or harm; and to revoke or deny access to anyone, including you, who engages in prohibited conduct.

Prohibited Conduct

By using our service, you agree to comply with our Terms of Service, any rules we may post on our service, and all relevant laws, contracts, intellectual property rights, and other third-party rights. You are solely responsible for your conduct while accessing or using our service. In addition, you specifically agree that you will not:

• create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
• misrepresent your identity or provide false personal information;
• make offers, advertisements, proposals, or send junk mail or spam to Swerve-iousers;
• harvest or collect information about Swerve-io users, third-parties, or our service, or otherwise use a robot, spider, scraper, crawler or other automated means to access our site for any purpose;
• defame, harass, abuse, threaten or defraud Swerve-iousers;
• remove, disable, damage, modify, create derivative works, reverse engineer, decompile, disassemble, distribute, or transfer information, source code, or content available on or through our service;
• upload or otherwise disseminate viruses, adware, spyware, worms, or other malicious code; attempt to circumvent or disable Swerve-io security measures; or interfere with, overburden, impair or damage operation of our service or our user's enjoyment and use of them; and
• use our service for any illegal purpose, or in violation of any law or regulation, or to violate the rights of another Swerve-io user or third party.

Availability of Service

While Swerve-io strives to provide the highest level of service, there may be times when our service is interrupted in instances such as for scheduled maintenance or upgrades, for emergency repairs, or due to equipment or service failures. Swerve-io does not guarantee that any content or information posted on or through our service will be available or preserved. As a result, we encourage you to maintain copies of your content and information by means within your control. Swerve-iowill not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any content or information.

DMCA COMPLIANCE

We will remove any offending Contribution that is reported to us pursuant to the Digital Millennium Copyright Act (17 U.S.C. ÂA. § 512), also known as the DMCA. We will not restore such Contribution unless (a) you file a counter-notice that is the form required under the DCMCA, and (b) the complaining party then fails to initiate a court action, as the DCMCA requires. For making requests or providing notices under the DMCA, please contact us at . We discourage false claims of infringement the same as we discourage false claims of non-infringement, either of which may be subject to liability under the DCMCA. We therefore encourage you to seek the legal advice of counsel before seeking, or opposing, the removal of Contributions.

Reports of Offending Contributions. To make a report to us under the DMCA, please provide the following information in writing, as detailed in the DMCA at 17 U.S.C.A. § 512(c)(3): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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; (iv) your contact information, such as an address, telephone number, and e-mail address; (v) a statement 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; (vi) 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 owner of an exclusive right that is allegedly infringed.

Counter-Notice. If you believe that a Contribution that was removed, or for which access was disabled, is not infringing, or that you have the authorization or a right to post and use the information, you may send a counter-notice containing the following information in writing as detailed in the DMCA at 17 U.S.C.A. § 512(g)(3): (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court located in King County, Washington and that you will accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of a counter-notice, we may provide the complaining party with a copy of the counter-notice and inform them that the removed information may be replaced or cease disabling access to it in 10 business days. We may, at our discretion, replace or cease disabling access to the removed information between 10 to 14 business days or more after receiving the counter-notice, unless the complaining party has filed an action seeking a court order to restrain the contributing party from posting the offending Contribution.

Changes to Our Terms of Service

We maintain the current terms of our Terms of Use on this site. We may revise our Terms of Use from time to time and any changes will be posted here. Because we do not maintain e-mail or contact information for our users, please check this Terms of Use from time to time to ensure that you are aware of any changes. If we determine that a change is material, we will place a notification on our service. By continuing to use access our service, you are agreeing to our current Terms of Use and any changes that have taken effect prior to your access. If you do not agree or accept a change, you must cease all access and use of our service.

Termination

We reserve the right to modify or terminate our service or your access to our service, without notice and for any reason, at any time, and without liability to you. At any time, you may deactivate your Swerve-io account. Upon termination of your Swerve-io account, your user name and any content or information you have shared under your account will no longer be accessible, however, any of your content or information that has been re-posted, shared or saved will not be effected. In addition, all licenses and other rights granted to you under this agreement will immediately cease.

Indemnification

You agree to indemnify, defend, and hold harmless Swerve-io, its affiliated companies, contractors, officers, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of:(a) your use or misuse of Swerve-io’s service; (b) any content or information you post, store or otherwise transmit in or through Swerve-io’s service; (c) your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. Swerve-io reserves the right, at your expense, to assume the exclusive defense and control of any matter for which your indemnification is required, and you agree to cooperate with Swerve-io's defense of such claims. Swerve-iowill use reasonable efforts to notify you of any such claim, action, or proceeding.

WARRANTY DISCLAIMER

SWERVE-IO AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER SWERVE-IO NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED: (A) AS TO THE SERVICE; (B) AS TO THE CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE SERVICE; (C) THAT THE SERVICE WILL BE ERROR FREE OR UNINTERUPPTED; OR (D) THAT THE SERVICE, OR CONTENT OR INFORMATION CONTAINED THEREIN, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL SWERVE-IO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OF SWERVE-IO’S SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SWERVE-IO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWERVE-IO’S RECORDS, PROGRAMS OR SERVICES; AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWERVE-IO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE SWERVE-IO’S SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO SWERVE-IO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Disputes and Governing Law

You agree and acknowledge that any claim or cause of action arising out of or related to Swerve-io’s service must be commenced within one year after the cause of action accrues. Actions brought after this one year period will be barred and are not enforceable. Any claim or cause of action shall be commenced in a court of competent jurisdiction located in Seattle, Washington and that you expressly submit to personal jurisdiction in Seattle, Washington. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without effect to conflicts of law principles.

General Provisions

The Terms of Service, together with the Privacy Policy, represent the entire agreement between you and us related to the access and use of our service. This agreement may not be modified unless in writing signed by both parties or modified as provided in this agreement. You shall not transfer or assign any rights and licenses granted under this agreement, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. After our relationship under this agreement is terminated, any provision which, by its nature or express terms should survive, will survive such termination or expiration. If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Contact Us

To contact us with any questions or comments or to or provide us with notice, please contact us at . We will respond to you as soon as we can.

Page 1 of 7