Universal Terms of Service Agreement And Legal Disclosure
Terms of Service Agreement
This is a binding contract which you are entering when you use this website. Please read this agreement carefully, because it contains important information about your legal rights and remedies.
This Terms of Service Agreement (“Agreement”) is entered into by and between SwiftHippo, Inc., a Oregon corporation doing business as SwiftHippo.com (“us” or “we” or “SwiftHippo” or “SwiftHippo” or “Company”) and you, and is made effective as of the date of your first use of the www.SwiftHippo.com website (“Site”) or the date of your first acceptance of this Agreement, whichever is earliest. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). The Agreement is in addition to (not in lieu of) any specific terms and conditions that apply to any particular Services you might use or purchase from us. Whether you purchase Services from us, or are simply browsing or using this Site, your continued use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement and its terms
The terms “we”, “us”, “our”, or “SwiftHippo” shall refer to SwiftHippo, Inc., an Oregon corporation doing business as SwiftHippo.com. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Services.
“Site” or “Website” shall refer to www.SwiftHippo.com.
“Services” shall refer to the products, services, and/or goods provided by us, whether or not through the Site, and whether or not you have paid for them.
1.2. No Third Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any rights or benefits on third parties. There are no third party beneficiaries of this Agreement. If you do not agree to be bound by this Agreement, do not use (or continue to use) this Site or the Services.
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least 18 years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found at this Site under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. SwiftHippo shall not be liable for any loss or damage resulting from SwiftHippo’s reliance on any instruction, notice, document, or communication reasonably believed by SwiftHippo to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, SwiftHippo reserves the right (but undertakes no duty) to require additional authentication from you.
AVAILABILITY OF WEBSITE/SERVICES
Although we intend to use commercially reasonable efforts to attempt to keep this Site and the Services available, you use it at your own risk. We provide this Site and the Services as-is, without any express or implied warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site or Services will always be safe, secure, or error-free, or that the Site or Services will always function without disruptions, delays, or imperfections. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service available at this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard to the availability of this Site or the Services.
GENERAL RULES OF CONDUCT
4.1. Compliance with Laws
Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You may not interfere with the operation of this Site or the Services found at or provided by this Site.
SwiftHippo makes no representation or warranty that the Services or the content available on this Site are appropriate in every state or jurisdiction. Users who choose to access this Site or the Services are responsible for compliance with all local laws, rules and regulations.
4.2. Compliance with Terms and Policies
If we determine, in our reasonably exercised discretion, that you have violated the spirit or letter of this Agreement or any other SwiftHippo policies, we will cancel your account without notice to you. When your account is canceled, you remain responsible for paying any amounts due to SwiftHippo, and you must immediately pay such amounts to SwiftHippo.
Examples of your conduct which might result in us cancelling your account include, but are not limited to: Failure to enter valid credit card information when asked by us, a credit card company declining to honor the credit card information you gave us, signing up for more than one introductory trial, failure to timely pay amounts due, use of the Services or Site for illegal or unethical purposes, use of the Services or the Site to infringe on the rights of others, harassment of SwiftHippo or its customers, making threats to any person, extraordinary consumption of SwiftHippo resources or the time of SwiftHippo staff, or any breaches of this Agreement. This is an illustrative, but not an exhaustive, list of conduct which will prompt the cancellation of your account.
4.3. Intellectual Property Restrictions
You may not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by SwiftHippo. When you purchase Services, you are purchasing only the right to use a website landing page during the term of this Agreement, and this right endures only as long as you are complying with the terms of this Agreement. You are not purchasing the website files, code, or any portion of the backend.
Unless otherwise allowed by law or stated elsewhere, you may not reproduce or transmit any part of the Services or Site. You may not use automated means of copying or extracting information from the Site. You may not make a copy of the Services or the Site or any part of the Services or the Site, including the normally displayed text or graphics on the Site, any part of the landing page or websites provided as part of the Services, any keywords or HTML commands, any code, or any text or images or data whatsoever. This restriction bars you from reproducing or transmitting regardless of means, whether electronic or mechanical, by photocopying, facsimile transmission, recording, rekeying, scanning, copying of source code, or yet uninvented means, or by using any information storage and retrieval system. All text and code is intellectual property and is copyrighted, and you may not use it or copy it without express written permission from us. No portion of this Site or the Services may be used for commercial purposes except as expressly permitted by this Agreement or with our written consent.
You are forbidden to violate copyright or other intellectual property rights of third parties when using the Services or the Site. When you upload or enter content (including video, images, or text) using the Services or the Site, you are affirmatively representing to us that you own all legal rights to use that content.
We respect the intellectual property rights of third parties. If you are a copyright owner or an agent of one, and you believe that content on the Site infringes upon your copyrights, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent. The notice must contain the following information in writing, or else the notice may not be valid:
Your physical or electronic signature;
Identification of the copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on the Site and Services;
Information to permit our agent to contact you: your address, telephone number and email address;
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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Our designated Copyright Agent may be contacted at:
919 NE 19th Ave, Portland, OR 97232
or via email
support [at] SwiftHippo.com
After receiving such a notification, we will follow the process outlined by statute, including Sections 512(g)(2) and (3) of the DMCA. See 17 U.S.C. §512 et. seq., available at https://www.law.cornell.edu/uscode/text/17/512.
4.4.No Resale of Services
Unless you receive express written permission from us in advance, you may not sell any leads or other information obtained using our Services or the Site.
4.5. No False Statements
You agree not to make any false statements to us at any time, and you agree not to use pseudonyms or “dummy” account information when using the Site. You agree not to misrepresent whether you have already participated in an introductory trial, as described below.
To ensure account information is accurate and we can reach you if there is a problem, you agree to keep your account information current and updated at all times, and to provide us with a valid email address. SwiftHippo assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
FEES AND PAYMENT
5.1. Prompt Payment
When you purchase Services from us, you agree to promptly pay any and all prices and fees due for those Services in the time and manner which we will specify at or near the time of purchase, and you agree to continue paying promptly until you cancel the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise agreed in writing, you will pay all sums due by means of a valid, active credit card. SwiftHippo expressly reserves the right to retain your old credit card information and bill an old credit card if a more recent card is determined to be invalid, inoperative, or otherwise fails to make payment. You agree that SwiftHippo may share your payment information, including credit card numbers, home address, and related information, with third-party payment processing firms in order to process your purchase of Services from us.
5.2. Payment Due Date
Unless otherwise specified by us in our communications with you, during the Services term, we will bill you and charge your credit card on the monthly anniversary of the day after the expiration of your introductory trial, unless that day falls on the 31st day of a given month, in which case you will be billed on the 30th of each month. Your payment date may vary, however, so please monitor our communications with you, which will take precedence over this section.
5.3. Our Remedies for Insufficient Payment
If SwiftHippo is unable to charge your credit card for the full amount owed for the Services, your account may be canceled, and you will remain responsible for making all payments due.
If we have canceled your account in the past because of your failure to pay, and you want to sign up for a new account, we reserve the right to assess a $49 surcharge in addition to the normal amounts due on your first payment due date. However, if you sign up again after your account was cancelled, you may not be able to retrieve information from your previous account.
If SwiftHippo receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your credit card, you agree that SwiftHippo may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or provided by us to you. SwiftHippo also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks SwiftHippo may perform outside the normal scope of its Services, (ii) additional time and/or costs SwiftHippo may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by SwiftHippo in its reasonably exercised discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by SwiftHippo staff or by outside firms retained by SwiftHippo; (iii) recouping any and all costs and fees, including the cost of Services, incurred by SwiftHippo as the results of chargebacks or other payment disputes brought by you, your bank, or your credit card processor. These administrative fees or processing fees may be billed to any credit card you have on file with SwiftHippo.
5.4. Cancellation Policy
Unless you give proper notice of cancellation, you will be obligated to pay, even if you have not finished setting up your account and even if you have not received some of the Services for which you signed up, such as a domain name.
You acknowledge that we may cancel your account immediately after receiving the cancellation notice from you, after which all your account information will be deactivated and unavailable to you. As soon as your account is cancelled, whether by us or by you, the site has been deactivated, there is no way to retrieve information that was in the account. After your account is cancelled, you will be unable to retrieve any data stored on our systems, including, but not limited to, data associated with leads, such as phone numbers, names, addresses, or messages. We recommend that you export leads before cancelling your account, because SwiftHippo is not liable for any information that is lost due to the cancellation of your account.
You may cancel your account by clicking on the “cancel” link in the email sent to you after you signed up. Clicking on that link will immediately cancel your account. Alternatively, you may send a cancellation request to [email protected] from the email address you used to register your account.
5.5. Prices Subject to Change
SwiftHippo reserves the right to change prices for Services and/or payment due dates with appropriate notice to you. By continuing to use the Services after receiving notice of a change, you agree to make payments at those new prices at the time and in the manner specified in our communications with you. If you object to any changes, you must immediately notify us and cancel your account, or else you will be held responsible for paying the new prices.
If you have purchased or obtained Services for a term of months or years, a change in price shall take effect when the current term expires.
5.6. Multi-Month Terms
From time to time, SwiftHippo may offer a promotional rate for customers who agree to purchase Services for an extended term. By accepting a promotional rate, you understand that your right to receive the promotional rate shall retroactively terminate if you cancel the Services before the end of the extended term.
5.7. Introductory Trials
From time to time, we might offer the chance to participate in an introductory trial, in which we allow you to use certain Services for a promotional or discounted rate for a limited period of time. You may sign up for only one such introductory trial. If you have already participated in an introductory trial in any form whatsoever, whether or not you completed setup of your account or completed the term of the trial, you agree to forego any additional introductory trial. If you sign up to receive Services after having participated in any way in an introductory trial, you understand that you must pay for Services you receive. The introductory trial is subject to cancellation at any time.
5.8 Domain Names
Domain names are an important aspect of the Services. We strongly recommend that you register a domain name quickly and provide it to us in the manner specified in our communications with you. If you do not register a domain name, we have the right, but not the obligation, to register a domain name for you to use as part of providing Services to you. The domain name we register will not necessarily be appropriate for your intended geographic area, and any domain name registered by SwiftHippo will be owned by SwiftHippo. You will have no ownership or other rights to the domain name beyond the temporary right to use it in accordance with our provision of the Services. When your Services term ends, or your account is canceled, any domain name registered by SwiftHippo will remain the property of SwiftHippo.
5.9 No Refunds
SwiftHippo does not offer refunds, whether prorated or not, for unused Services or unexpired time left remaining on an extended term.
LIMITATION OF LIABILITY
This section, Limitation of Liability, and all subsections, shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
6.1. General Limitations on SwiftHippo’s Liability
In no event shall SwiftHippo, its officers, directors, employees, or agents, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any person or entity’s use of the Services or this Site, including any damages that may result from (1) the accuracy, completeness, or content of this Site or the Services, (2) the accuracy, completeness, or content of any third-party sites linked (through hyperlinks, banner advertising or otherwise) to this Site or Services, (3) the Services found at this Site or any third party sites linked (through hyperlinks, banner advertising or otherwise) to this Site or its Services, (4) personal injury or property damage of any nature whatsoever, (5) third-party conduct of any nature whatsoever, (6) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and date we might store, (7) any interruption or cessation of Services or the Site or third-party services or sites linked to this Site or the Services, (8) any viruses, worms, bugs, Trojan horses, or the like, which might be transmitted to or from this Site or the Services or any third-party sites linked (through hyperlinks, banner advertising or otherwise) to this Site or the Services, and/or (1) any loss or damage of any kind incurred as a result of your use of this Site or the Services found at this Site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not SwiftHippo is advised of the possibility of such damages.
6.2. One-Year Period to Bring Claims
You specifically acknowledge and agree that any cause of action arising out of or related to this Site or the Services must be commenced within one year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
6.3. Amount of Damages Limited
You specifically acknowledge and agree that SwiftHippo’s total aggregate liability for any claims shall not exceed the lesser of (a) $60, or (b) the total amount paid by you for the particular Services that are the subject of the cause of action.
INDEMNIFICATION OF SwiftHippo
You agree to protect, defend, indemnify and hold harmless SwiftHippo and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys fees) imposed upon or incurred by SwiftHippo directly or indirectly arising from (1) your use of and access to this Site or the Services found at this Site; (2) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (3) your violation of any third-party right, including without limitation any intellectual property rights or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
Jurisdiction and Venue
For purposes of jurisdiction and venue, this Agreement shall be deemed to have been negotiated, executed, and delivered, and is to be wholly performed, in the City of Portland, State of Oregon, and the rights and obligations of the Parties shall be construed and enforced in accordance with, and governed by, the internal, substantive laws of the State of Oregon, regardless of conflict of laws principles. The exclusive venue for any action to interpret or enforce this Agreement, or any action in which this Agreement may support a defense or counter-claim, shall be in the Superior Court for the State of Oregon). You hereby consent to such jurisdiction and venue, and waive all defenses of lack of personal jurisdiction and forum non conveniens.
Waiver of Jury Trial
You agree to waive the right to trial by jury in any action or proceeding relating to or arising out of this Agreement.
Attorney Fees and Costs
In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be used to interpret the Agreement. In the event any provision or part of this Agreement is found to be invalid or unenforceable by a court, only that particular provision or part so found, and not the entire Agreement, will be inoperative.