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Terms of Service

Acceptance of Agreement

10/17/2016
These Terms of Service (the “Terms of Service” or “Agreement”) apply to the services we provide through SwiftlyServed (“SwiftlyServed”), and any other affiliated SwiftlyServed websites (collectively, the “SwiftlyServed Services”). Please carefully re

Acknowledgement

10/17/2016
You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement. You agree to comply with all city, county, state and federal laws and ordinances relating to th

Administrators and Sub-users

10/17/2016
The person that initially creates your SwiftlyServed Account will be identified as the administrator (“Administrator”) for your management and use of your SwiftlyServed Account. The Administrator will be required to establish a username and password,

Agreement to Electronic Transactions

10/17/2016
You agree that all of your transactions with or through SwiftlyServed will be conducted electronically.

Amendments

10/17/2016
SwiftlyServed may amend this Agreement at any time and will provide notice of any such amendment, on the web site. Your use of the SwiftlyServed web site or SwiftlyServed Services after the effective date of any amendment shall constitute your consen

Arbitration

10/17/2016
SwiftlyServed AND YOU AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN US. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationshi

Assignment

10/17/2016
You may not assign any of your rights or delegate any of your duties under this Agreement without the prior written consent of SwiftlyServed. SwiftlyServed may assign any of its rights or delegate any of its duties hereunder to any party whatsoever.

CLASS ACTION WAIVER

10/17/2016
YOU AND SwiftlyServed AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SwiftlyServed a

Comments, Reviews, Suggestions and Posts

10/17/2016
By posting or submitting any remarks, ideas, comments, or suggestions for improving or changing the Services to the SwiftlyServed website (“Comments”), you automatically grant (or warrant that the owner of such rights has expressly granted) to Swiftl

Control of Web Site & Bodycam Recordings

10/17/2016
SwiftlyServed has sole control over the use of the SwiftlyServed web site and SwiftlyServed Services and has the right to prohibit or remove any materials or communications for any reason or no reason.

Fee Waivers

10/17/2016
When submitted with the filing request, SwiftlyServed will honor all filing fee waivers, for parties who have a fee waiver granted by the Court prior to or upon acceptance of the filing. SwiftlyServed will also waive its filing service fee when a fee

Fees

10/17/2016
SwiftlyServed has the sole discretion to determine the fees charged to you for using its web site or Services. Fees for the SwiftlyServed Services may vary by jurisdiction. SwiftlyServed reserves the right to change its fee structure at any time. Swi

Force Majeure

10/17/2016
SwiftlyServed shall not be responsible for delays or failure in performance resulting from acts beyond its reasonable control. Such acts shall include but not be limited to acts of nature, war, riot, actual or threatened acts of terrorism, violence,

Governing Law; Jurisdiction

10/17/2016
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Indemnification

10/17/2016
You agree to indemnify, defend, protect and hold harmless all of the SwiftlyServed Parties from and against all losses, claims, and expenses (including attorneys’ fees and costs) arising out of or relating to: (i) your breach of any terms of this Agr

Independent Contractors

10/17/2016
You and SwiftlyServed are independent contractors with respect to each other. Neither party is an employee, agent, representative, broker, or partner of the other. This Agreement shall not be construed to create an association, joint venture, or part

Intellectual Property

10/17/2016
You agree to respect the intellectual property rights of SwiftlyServed and of others. Intellectual property laws protect some of the Services, including, but not limited to, our underlying technology and software. SwiftlyServed reserves all rights no

JURY TRIAL WAIVER

10/17/2016
If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Limitation of Liability

10/17/2016
You agree that your sole remedy for any breach of this Agreement by SwiftlyServed or any of the SwiftlyServed Parties shall, at the option and sole discretion of SwiftlyServed, be the following: (i) correction of any Service causing you damage; or (i

Miscellaneous; Entire Agreement

10/17/2016
This Agreement (including any amendments hereto and your registration form) constitutes the entire agreement between you and SwiftlyServed. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties ne

No Incidental or Consequential Damages

10/17/2016
To the fullest extent allowed by applicable law, you agree that none of the SwiftlyServed Parties will be liable to you, your successors, agents, heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, ind

Password Protection

10/17/2016
You are responsible for maintaining the confidentiality of the password that you will choose as part of the registration process for the Services (the “Password”). Subject to applicable law, you agree to be liable for all uses of your Password whethe

Payment Terms

10/17/2016
You are responsible for paying to SwiftlyServed all fees for Services and paying all Disbursements, including without limitation statutory court fees, witness and other third party fees, including, but not limited to fees charged by the local electro

Payment Terms (a)

10/17/2016
Authorization to Pay by Credit or Debit Card. If the Payment Method you choose is to pay by credit or debit card, we may obtain pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the tim

Payment Terms (b)

10/17/2016
Authorization to Pay by PPP. If the Payment Method you choose is to pay by a Payment Processing Provider, you hereby authorize SwiftlyServed to electronically debit or credit, via a PPP transaction, the bank deposit account you designate from time to
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