This web page represents our Terms and Conditions of Sale ("Agreement") regarding our website, www.socialswell.co or www.swell.reviews or www.swellcx.com as well as any of its related websites, applications, dashboards or platforms (individually and collectively, the "Website"). It was last posted January 2017. The terms, "we" and "our" as used in this Agreement refer to Swell and/or SocialSwell, owned and operated by SocialSwell, Inc.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SWELL SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR SWELL CONTENT.
Swell grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of electronic documents and related services through our Website, strictly in accordance with our Legal Terms.
Swell offers various services including software to assist in the management of online reviews and reputation, social posting, and customer feedback. Swell offers both monthly and annual Service agreements. The initial term for monthly Service agreements is at least 30 days, unless otherwise specified and agreed upon by both parties. The initial term for annual Service agreements provided by Swell is at least twelve (12) months, unless otherwise specified and agreed upon by both parties. The total amount of the Purchase Price shall be payable in full according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. You understand and accept that, unless otherwise expressly stated on the applicable order, our services are subscription services that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment ("Accounts") will be assessed the specified Fees at regular intervals based on your subscription program (annually, or monthly). The Fees will be paid in advance.
In addition, Swell shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from you for Swell's costs of collection, including attorney fees, legal fees and costs and disbursements.
Customer is responsible to comply with any local and federal laws outlined by the Telephone Consumer Protection Act (“TCPA” 47 U.S.C. § 227). By accepting Company’s Terms and Conditions, Customer is aware of and responsible for obtaining explicit consent from any and all third parties who are sent or receive an SMS/MMS and/or email communications through Company’s services on Customer’s behalf. Each party is liable for, and shall indemnify, defend and hold harmless the other party from and against any and all damages, liabilities, judgements, fines, costs and expenses incurred by the non-breaching party arising from claims related to TCPA
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Swell. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Swell aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Swell, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Swell. Swell prohibits use of any logo of Swell or any of its affiliates as part of a link to or from any Website unless Swell approves such link in advance and in writing. Fair use of Swell's Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Our Website may contain links to Websites owned or operated by parties other than Swell. Such links are provided for your reference only. Swell does not monitor or control outside Websites and is not responsible for their content. Swell's inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Swell's inclusion of the links imply that Swell is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on our Website are made at such times as Swell determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Swell does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
You understand that we offer legal contracts ("Contracts"), as created by attorneys or paralegal for sale through our Website. We also offer you the ability to purchase reviews of such Contracts by attorneys or paralegals who have registered with our Website. However, you acknowledge that we are not attorneys or paralegals nor do we offer legal advice. You acknowledge that we do not endorse any specific attorney or paralegal or any Contracts as being better than another. We do not otherwise guarantee the legal accuracy or applicability of any Contracts for your legal needs. You will at all times look to any attorney or paralegal that you select for services as to any legal claims related to such services.
OUR WEBSITE IS OPERATED BY SWELL ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SWELL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. SWELL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SWELL OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL SWELL'S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO SWELL FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, SWELL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE,
OR WARRANTY. SWELL AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.SWELL MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
You agree to defend, indemnify and hold Swell harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.