Swiggle Terms of Use
Last Updated: [3/20/2024]
Swiggle, Inc. is the owner and operator of the Swiggle mobile application and any affiliated
websites (“Swiggle, us, our, ours, etc.”). Swiggle is a coupon and prize give away game. These
Terms of Use are a legal contract that establishes the relationship between you, the user, (“you,
your, yours, etc.”) and us as it relates to the services we provide to you through Swiggle
(“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons,
animations, data, messages, software, and other content, information, or materials on Swiggle,
(“Materials”).
websites (“Swiggle, us, our, ours, etc.”). Swiggle is a coupon and prize give away game. These
Terms of Use are a legal contract that establishes the relationship between you, the user, (“you,
your, yours, etc.”) and us as it relates to the services we provide to you through Swiggle
(“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons,
animations, data, messages, software, and other content, information, or materials on Swiggle,
(“Materials”).
By accessing Swiggle or using the Services, you accept and agree to our website policies,
including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or
older, (b) you are a resident of and are accessing the Services from the United States, (c) you are
not a resident of Nebraska, North Carolina, Ohio, Pennsylvania, or Rhode Island, (d) you have
the legal capacity to enter into and agree to these Terms of Use, (e) you are using the Services
freely, voluntarily, willingly, and for your own personal enjoyment, and (f) you will only provide
accurate and complete information to us and promptly update this information as necessary to
maintain its accuracy and completeness.
including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or
older, (b) you are a resident of and are accessing the Services from the United States, (c) you are
not a resident of Nebraska, North Carolina, Ohio, Pennsylvania, or Rhode Island, (d) you have
the legal capacity to enter into and agree to these Terms of Use, (e) you are using the Services
freely, voluntarily, willingly, and for your own personal enjoyment, and (f) you will only provide
accurate and complete information to us and promptly update this information as necessary to
maintain its accuracy and completeness.
We reserve the right to revise these Terms of Use at any time. You agree that we have this
unilateral right, and that all modifications or changes are in force and enforceable immediately
upon posting. The updated version supersedes any prior versions immediately upon posting, and
the prior version is of no continuing legal effect unless the revised version specifically refers to
the prior version and keeps the prior version or portions thereof in effect. We agree that if we
change anything in these Terms of Use, we will change the “Last Updated” date at the top of
these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh”
button on your browser when doing so. You agree to note the date above. If the “Last Updated”
date remains unchanged from the last time you reviewed these Terms of Use, then you may
presume that nothing in these Terms of Use has changed since the last time you visited. If the
“Last Updated” date has changed, then you must review the updated Terms of Use in their
entirety. You must agree to any updated Terms of Use or immediately cease use of Swiggle. If
you fail to review these Terms of Use as required to determine if any changes have been made,
you assume all responsibility for such omission, and you agree that such failure amounts to your
affirmative waiver of your right to review the updated terms. We are not responsible for your
neglect of your legal rights.
unilateral right, and that all modifications or changes are in force and enforceable immediately
upon posting. The updated version supersedes any prior versions immediately upon posting, and
the prior version is of no continuing legal effect unless the revised version specifically refers to
the prior version and keeps the prior version or portions thereof in effect. We agree that if we
change anything in these Terms of Use, we will change the “Last Updated” date at the top of
these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh”
button on your browser when doing so. You agree to note the date above. If the “Last Updated”
date remains unchanged from the last time you reviewed these Terms of Use, then you may
presume that nothing in these Terms of Use has changed since the last time you visited. If the
“Last Updated” date has changed, then you must review the updated Terms of Use in their
entirety. You must agree to any updated Terms of Use or immediately cease use of Swiggle. If
you fail to review these Terms of Use as required to determine if any changes have been made,
you assume all responsibility for such omission, and you agree that such failure amounts to your
affirmative waiver of your right to review the updated terms. We are not responsible for your
neglect of your legal rights.
We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling.
games which fall outside the prohibitions imposed by state and federal gambling laws.
Gambling, whether in-person or online, is not legal in all areas. If you seek information
regarding any illegal activity, you must leave Swiggle immediately and shall not attempt to use
the Services. You agree not to use the Services if doing so would violate the laws of your state,
province, or country. Please consult with your local authorities or legal advisors before
participating in online gaming of any kind. It is your sole and absolute responsibility to comply
with all applicable laws, and you assume all risk in using the Services. Nothing on Swiggle shall
be construed as legal advice on any activity relating to gambling. You assume all risk and
responsibility for your use of the Services. We bear no responsibility for your use of the
Services in connection with illegal gambling activities, and we do not condone illegal
gambling. You understand and agree that the Services are for entertainment purposes only.
We make no guarantee that the Services are legal in your jurisdiction.
Gambling, whether in-person or online, is not legal in all areas. If you seek information
regarding any illegal activity, you must leave Swiggle immediately and shall not attempt to use
the Services. You agree not to use the Services if doing so would violate the laws of your state,
province, or country. Please consult with your local authorities or legal advisors before
participating in online gaming of any kind. It is your sole and absolute responsibility to comply
with all applicable laws, and you assume all risk in using the Services. Nothing on Swiggle shall
be construed as legal advice on any activity relating to gambling. You assume all risk and
responsibility for your use of the Services. We bear no responsibility for your use of the
Services in connection with illegal gambling activities, and we do not condone illegal
gambling. You understand and agree that the Services are for entertainment purposes only.
We make no guarantee that the Services are legal in your jurisdiction.
1. Use of the Services
A. Accounts
All users may register for a single account on Swiggle, provided you meet the requirements set
forth herein and otherwise abide by these Terms of Use. If you fail to provide the required
information, if we reasonably believe that you have provided false, misleading, inaccurate,
incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update
such information to maintain its accuracy and completeness, or if we or any of our authorized
agents have reasonable grounds to suspect that a violation of this provision has occurred, we may
suspend or terminate your account, as well as subject you to criminal and civil liability.
Acceptance of registration is subject to our sole discretion. While we may require you to provide
additional information as necessary to verify the accuracy of your identity and the information
you provide to us, you understand and agree that we do not sponsor or endorse any user. You will
not use, attempt to access, or ask for the login credentials for any third party’s account at any
time. You will not allow any third party to access or use your account at any time, nor provide
any third party with your login credentials. We will not be liable for any loss that you may incur
as a result of any third party that uses your password or otherwise accesses your account, either
with or without your knowledge. You will be liable for losses incurred by us or any third party
due to release of account credentials to unauthorized persons.
All users may register for a single account on Swiggle, provided you meet the requirements set
forth herein and otherwise abide by these Terms of Use. If you fail to provide the required
information, if we reasonably believe that you have provided false, misleading, inaccurate,
incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update
such information to maintain its accuracy and completeness, or if we or any of our authorized
agents have reasonable grounds to suspect that a violation of this provision has occurred, we may
suspend or terminate your account, as well as subject you to criminal and civil liability.
Acceptance of registration is subject to our sole discretion. While we may require you to provide
additional information as necessary to verify the accuracy of your identity and the information
you provide to us, you understand and agree that we do not sponsor or endorse any user. You will
not use, attempt to access, or ask for the login credentials for any third party’s account at any
time. You will not allow any third party to access or use your account at any time, nor provide
any third party with your login credentials. We will not be liable for any loss that you may incur
as a result of any third party that uses your password or otherwise accesses your account, either
with or without your knowledge. You will be liable for losses incurred by us or any third party
due to release of account credentials to unauthorized persons.
B. Points and Coupons
All users may spin the wheel to receive coupons for free or discounted goods and services, or for
points which may be exchanged for coupons. We reserve the right to determine what coupons or
points are provided to you, and we may revoke any coupons or points if it is determined that you
have manipulated the platform or otherwise violated these Terms of Use.
points which may be exchanged for coupons. We reserve the right to determine what coupons or
points are provided to you, and we may revoke any coupons or points if it is determined that you
have manipulated the platform or otherwise violated these Terms of Use.
C. Grand Prizes
If you are a resident of or accessing the Services from Nebraska, North Carolina, Ohio,
Pennsylvania, or Rhode Island, you may register for an account and use the Services to spin the
wheel and earn coupons and points; however, you will not earn a chance to win grand prizes for
used coupons. If you are a resident of or accessing the Services from these states and attempt to
redeem used coupons for a chance to win grand prizes, we may terminate your account, and all
grand prizes won by you will be null and void.
Users of all other states may enter to win grand prizes according to our
Pennsylvania, or Rhode Island, you may register for an account and use the Services to spin the
wheel and earn coupons and points; however, you will not earn a chance to win grand prizes for
used coupons. If you are a resident of or accessing the Services from these states and attempt to
redeem used coupons for a chance to win grand prizes, we may terminate your account, and all
grand prizes won by you will be null and void.
Users of all other states may enter to win grand prizes according to our
D. Termination
You may delete your account by clicking “Delete Account” in your account settings. You will
not assign, transfer, sell, or share your membership to Swiggle. If you do, both you and any
unauthorized user are jointly and severally liable for any fees that will be due.
We may suspend or delete your account or any licenses herein at any time, for any reason, in our
sole discretion. We have the right to terminate your membership at any time, and you will be
responsible for all charges to your account at the time of termination. We are not responsible for
preserving terminated account information which may be permanently deleted in our discretion.
not assign, transfer, sell, or share your membership to Swiggle. If you do, both you and any
unauthorized user are jointly and severally liable for any fees that will be due.
We may suspend or delete your account or any licenses herein at any time, for any reason, in our
sole discretion. We have the right to terminate your membership at any time, and you will be
responsible for all charges to your account at the time of termination. We are not responsible for
preserving terminated account information which may be permanently deleted in our discretion.
2. Grant of Rights
A. Materials
You understand that all we are offering you is access to Swiggle and use of the Services as we
provide them from time to time. You need to provide your own access to the Internet, hardware,
and software, and you are solely responsible for any fees that you incur to access Swiggle or use
the Services. All users may access certain public areas of Swiggle and use the Services and the
Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and
nontransferable personal license to access and use only those Materials provided on free areas of
Swiggle for private, non-commercial purposes on a single computer or mobile device. This free
license does not include a license to access or use paid areas of Swiggle or the Materials therein.
We reserve the right to limit the amount of Materials viewed or Services available to you. Your
license to access Swiggle and use the Services and the Materials is not a transfer of title. You will
not copy or redistribute any Material, and you will prevent others from unauthorized access, use
of, or copying of the Materials.
You understand that all we are offering you is access to Swiggle and use of the Services as we
provide them from time to time. You need to provide your own access to the Internet, hardware,
and software, and you are solely responsible for any fees that you incur to access Swiggle or use
the Services. All users may access certain public areas of Swiggle and use the Services and the
Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and
nontransferable personal license to access and use only those Materials provided on free areas of
Swiggle for private, non-commercial purposes on a single computer or mobile device. This free
license does not include a license to access or use paid areas of Swiggle or the Materials therein.
We reserve the right to limit the amount of Materials viewed or Services available to you. Your
license to access Swiggle and use the Services and the Materials is not a transfer of title. You will
not copy or redistribute any Material, and you will prevent others from unauthorized access, use
of, or copying of the Materials.
3. Acceptable Use Policy
You agree that you will only use Swiggle, the Services, and the Materials for purposes expressly
permitted and contemplated by these Terms of Use. You may not use Swiggle, the Services, or
the Materials for any other purposes without our express prior written consent. Without our
express prior written authorization, you will not:
● use the Services for any purpose other than as offered by us, including using the Services in
any way that is prohibited by these Terms of Use or that is violative of any applicable law,
regulation, or treaty of any applicable governmental body, including:
o laws prohibiting illegal gambling;
o intellectual property right laws protecting patents, copyrights, trademarks, trade
secrets, and any other intellectual property right, including making, obtaining,
distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or
patented content, deleting intellectual property right indications and notices;
permitted and contemplated by these Terms of Use. You may not use Swiggle, the Services, or
the Materials for any other purposes without our express prior written consent. Without our
express prior written authorization, you will not:
● use the Services for any purpose other than as offered by us, including using the Services in
any way that is prohibited by these Terms of Use or that is violative of any applicable law,
regulation, or treaty of any applicable governmental body, including:
o laws prohibiting illegal gambling;
o intellectual property right laws protecting patents, copyrights, trademarks, trade
secrets, and any other intellectual property right, including making, obtaining,
distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or
patented content, deleting intellectual property right indications and notices;
o laws against obscene, lewd, defamatory, or libelous speech; and
o laws protecting confidentiality, privacy rights, publicity rights, or data protection.
● fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
● impersonate another individual or entity, whether actual or fictitious; falsely claim an
affiliation with any individual or entity; access the accounts of others without permission;
misrepresent the source, identity, or contents of the Materials; or perform any other similar
fraudulent activity.
● engage in platform manipulation.
o laws protecting confidentiality, privacy rights, publicity rights, or data protection.
● fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
● impersonate another individual or entity, whether actual or fictitious; falsely claim an
affiliation with any individual or entity; access the accounts of others without permission;
misrepresent the source, identity, or contents of the Materials; or perform any other similar
fraudulent activity.
● engage in platform manipulation.
circumvent, disable, damage, or otherwise interfere with the operations of Swiggle, any
user’s enjoyment of Swiggle, or our security-related features or features that prevent, limit, or
restrict the use or copying of the Services that enforce limitations on the use of Swiggle or
the Materials, by any means, including posting, linking to, uploading, or otherwise
disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms,
harmful components, corrupted data, or other malicious code, file, or program designed to
interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or
any telecommunications equipment.
● reverse engineer, decompile, disassemble, or otherwise discover the source code of Swiggle
or any part of it, except and only if that activity is expressly permitted by applicable law
despite this limitation.
user’s enjoyment of Swiggle, or our security-related features or features that prevent, limit, or
restrict the use or copying of the Services that enforce limitations on the use of Swiggle or
the Materials, by any means, including posting, linking to, uploading, or otherwise
disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms,
harmful components, corrupted data, or other malicious code, file, or program designed to
interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or
any telecommunications equipment.
● reverse engineer, decompile, disassemble, or otherwise discover the source code of Swiggle
or any part of it, except and only if that activity is expressly permitted by applicable law
despite this limitation.
access or use any automated process (such as a robot, spider, scraper, or similar) to access
Swiggle in violation of our robot exclusion headers or to scrap all or a substantial part of the
Materials (other than in connection with bona fide search engine indexing or as we may
otherwise expressly permit).
● modify, adapt, translate, or create derivative works based on the Services or any part of them,
except and only if applicable law expressly permits that activity despite this limitation.
● commercially exploit or make available the Services or the Materials therein to third parties
including any action or “frame” or “mirror” Swiggle.
● take any action that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our technology infrastructure or otherwise make excessive
demands on it.
Swiggle in violation of our robot exclusion headers or to scrap all or a substantial part of the
Materials (other than in connection with bona fide search engine indexing or as we may
otherwise expressly permit).
● modify, adapt, translate, or create derivative works based on the Services or any part of them,
except and only if applicable law expressly permits that activity despite this limitation.
● commercially exploit or make available the Services or the Materials therein to third parties
including any action or “frame” or “mirror” Swiggle.
● take any action that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our technology infrastructure or otherwise make excessive
demands on it.
attempt to do any of the acts described in this section or assist or permit any person in
engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may
result in immediate suspension or termination of the user’s account and access to Swiggle or the
platform without notice, in our sole discretion. We may pursue any legal remedies or other
appropriate actions against you if you engage in any of the above Prohibited Uses or any
unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of
winnings, and cancellation of your account. Any unauthorized use of the Services or our
computer systems violates these Terms of Use and certain international, foreign, and domestic
laws.
engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may
result in immediate suspension or termination of the user’s account and access to Swiggle or the
platform without notice, in our sole discretion. We may pursue any legal remedies or other
appropriate actions against you if you engage in any of the above Prohibited Uses or any
unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of
winnings, and cancellation of your account. Any unauthorized use of the Services or our
computer systems violates these Terms of Use and certain international, foreign, and domestic
laws.
We will fully cooperate with law enforcement authorities or orders from courts of competent
jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of
these Terms of Use, in accordance with our privacy policies, law enforcement policies, and
applicable law or regulation. If your activity results in Swiggle receiving a subpoena, discovery
request, production order, search warrant, or court order that causes Swiggle to incur expenses,
court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs
or legal fees upon our request.
jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of
these Terms of Use, in accordance with our privacy policies, law enforcement policies, and
applicable law or regulation. If your activity results in Swiggle receiving a subpoena, discovery
request, production order, search warrant, or court order that causes Swiggle to incur expenses,
court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs
or legal fees upon our request.
4. Taxes
You shall be responsible for payment of all taxes related to your winnings, and we will not be
responsible for any federal income tax withholding, unemployment contribution, workers
compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will
provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS
form 1099 may be issued where required by law. Failure to provide such information to us may
result in suspension or termination of your account.
responsible for any federal income tax withholding, unemployment contribution, workers
compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will
provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS
form 1099 may be issued where required by law. Failure to provide such information to us may
result in suspension or termination of your account.
5. Dispute Resolution and Damages
A. Governing Law and Venue
These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use
shall be governed by the laws of the state of Delaware, excluding its conflict of law provisions.
The sum of this paragraph is that any and all disputes must be, without exception, resolved in
New Castle County, Delaware. All Parties to these Terms of Use agree that all actions or
proceedings arising in connection with these Terms of Use or any services or business
interactions between the Parties that may be subject to these Terms of Use shall be brought
exclusively in New Castle County, Delaware. The Parties agree to exclusive jurisdiction and
venue in, and only in, New Castle County, Delaware. The Parties additionally agree that this
choice of venue and forum is mandatory and not permissive in nature, thereby precluding any
possibility of litigation between the Parties with respect to, or arising out of, these Terms of Use
in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to
assert the doctrine of forum non-conveniens or similar doctrines challenging venue or
jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this
paragraph or with respect to any dispute under these Terms of Use whatsoever. All Parties
stipulate that the courts located in New Castle County, Delaware shall have personal jurisdiction
over them for resolution of any litigation permitted by these Terms of Use. You agree to accept
service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of
delivery or return receipt requested, sent to your last known address for any legal action arising
from these Terms of Use. Any final judgment rendered against you or us in any action or
proceeding shall be conclusive as to the subject matter and may be enforced in the courts located
in New Castle County, Delaware or other jurisdictions in any manner provided by law if such
enforcement becomes necessary.
These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use
shall be governed by the laws of the state of Delaware, excluding its conflict of law provisions.
The sum of this paragraph is that any and all disputes must be, without exception, resolved in
New Castle County, Delaware. All Parties to these Terms of Use agree that all actions or
proceedings arising in connection with these Terms of Use or any services or business
interactions between the Parties that may be subject to these Terms of Use shall be brought
exclusively in New Castle County, Delaware. The Parties agree to exclusive jurisdiction and
venue in, and only in, New Castle County, Delaware. The Parties additionally agree that this
choice of venue and forum is mandatory and not permissive in nature, thereby precluding any
possibility of litigation between the Parties with respect to, or arising out of, these Terms of Use
in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to
assert the doctrine of forum non-conveniens or similar doctrines challenging venue or
jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this
paragraph or with respect to any dispute under these Terms of Use whatsoever. All Parties
stipulate that the courts located in New Castle County, Delaware shall have personal jurisdiction
over them for resolution of any litigation permitted by these Terms of Use. You agree to accept
service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of
delivery or return receipt requested, sent to your last known address for any legal action arising
from these Terms of Use. Any final judgment rendered against you or us in any action or
proceeding shall be conclusive as to the subject matter and may be enforced in the courts located
in New Castle County, Delaware or other jurisdictions in any manner provided by law if such
enforcement becomes necessary.
B. Waivers
You hereby waive any right or ability to initiate any class action or collective proceeding along
with any right to trial by jury.
C. Rights to Injunctive Relief
You acknowledge that remedies at law may be inadequate to provide us with full compensation
in the event you breach these Terms of Use, and that we shall therefore be entitled to seek
injunctive relief in the event of any such breach, in addition to seeking all other remedies
available at law or in equity.
D. Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other
person to collect any damages or any other amount of money from you, or if we are required to
seek the assistance of an attorney to pursue injunctive relief against you, then you additionally
agree that you will reimburse us for all fees incurred in order to collect these damages or in order
to seek injunctive relief from you. You understand that even a nominal amount of damages may
require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that
may dwarf the damages themselves. You agree that you will pay these fees and costs.
You hereby waive any right or ability to initiate any class action or collective proceeding along
with any right to trial by jury.
C. Rights to Injunctive Relief
You acknowledge that remedies at law may be inadequate to provide us with full compensation
in the event you breach these Terms of Use, and that we shall therefore be entitled to seek
injunctive relief in the event of any such breach, in addition to seeking all other remedies
available at law or in equity.
D. Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other
person to collect any damages or any other amount of money from you, or if we are required to
seek the assistance of an attorney to pursue injunctive relief against you, then you additionally
agree that you will reimburse us for all fees incurred in order to collect these damages or in order
to seek injunctive relief from you. You understand that even a nominal amount of damages may
require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that
may dwarf the damages themselves. You agree that you will pay these fees and costs.
6. Disclaimers
A. We Disclaim All Warranties
We provide access to Swiggle and use of the Services “as is” and “with all faults.” We make no
warranty that Swiggle or the Services will meet your needs or requirements. We disclaim all
warranties — express, statutory, or implied — including warranties of merchantability, fitness
for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness,
performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment,
non-infringement, and warranties that your access to Swiggle or use of the Services will be
uninterrupted, timely, secure, error-free, or that loss of content will not occur, to the greatest
extent provided by applicable law. We may change any of the information found on Swiggle at
any time or remove any or all Materials thereon. We make no commitment to update the
Materials. We make no warranty regarding any goods or services purchased or obtained through
Swiggle or any transaction entered into through Swiggle. There are no warranties of any kind
that extend beyond the face of these Terms of Use or that arise because of course of performance,
course of dealing, or usage of trade.
B. Use at Your Own Risk
You expressly agree that access to Swiggle and use of the Services is at your own and sole risk.
You understand that we cannot and do not guarantee or warrant that Swiggle or the Services will
be free of viruses, malware, worms, Trojan horses, or other code that may manifest
contaminating or destructive properties. We do not assume any responsibility or risk for your
access to or use of the Internet, Swiggle, or the Services. You understand and agree that any
Materials downloaded or otherwise obtained through Swiggle is done at your own discretion and
risk, and that you will be solely responsible for any damage to your computer system or loss of
data that results from your activity.
C. Third-Party Links
Swiggle may contain links to websites or resources owned and operated by our users or third
parties. You understand and agree that we have no control over, are not responsible for, and do
not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services
provided by our users or on third-party links. We will not be a party to or be in any way
responsible for monitoring any transaction between you and other providers of products or
services. As with the purchase of a product or service through any medium or in any
environment, you should use your best judgment and exercise caution where appropriate. You
agree to hold us harmless from any and all damages and liability that may result from use of
third-party links that appear on Swiggle and any advertising, services, goods, products, or other
materials available on third-party links. We are not responsible for any use of confidential or
private information by sellers or third parties. You agree that your use of any third-party link or
the goods or services provided thereon is governed by the policies of those third parties, not by
these Terms of Use or our other policies. We reserve the right to remove or disable any link at
any time.
D. Violations of Law
Access to Swiggle and use of the Services in violation of any law is strictly prohibited. If we
determine that you have provided or intend to purchase or provide any services in violation of
any law, your ability to access Swiggle and use the Services will be terminated immediately. We
do hereby disclaim any liability for damages that may arise from you or any user providing any
service that violates any law. You do hereby agree to defend, indemnify, and hold us harmless
from any liability that may arise for us should you violate any law. You also agree to defend and
indemnify us should any third party be harmed by your illegal actions or should we be obligated
to defend any such claims by any party.
We provide access to Swiggle and use of the Services “as is” and “with all faults.” We make no
warranty that Swiggle or the Services will meet your needs or requirements. We disclaim all
warranties — express, statutory, or implied — including warranties of merchantability, fitness
for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness,
performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment,
non-infringement, and warranties that your access to Swiggle or use of the Services will be
uninterrupted, timely, secure, error-free, or that loss of content will not occur, to the greatest
extent provided by applicable law. We may change any of the information found on Swiggle at
any time or remove any or all Materials thereon. We make no commitment to update the
Materials. We make no warranty regarding any goods or services purchased or obtained through
Swiggle or any transaction entered into through Swiggle. There are no warranties of any kind
that extend beyond the face of these Terms of Use or that arise because of course of performance,
course of dealing, or usage of trade.
B. Use at Your Own Risk
You expressly agree that access to Swiggle and use of the Services is at your own and sole risk.
You understand that we cannot and do not guarantee or warrant that Swiggle or the Services will
be free of viruses, malware, worms, Trojan horses, or other code that may manifest
contaminating or destructive properties. We do not assume any responsibility or risk for your
access to or use of the Internet, Swiggle, or the Services. You understand and agree that any
Materials downloaded or otherwise obtained through Swiggle is done at your own discretion and
risk, and that you will be solely responsible for any damage to your computer system or loss of
data that results from your activity.
C. Third-Party Links
Swiggle may contain links to websites or resources owned and operated by our users or third
parties. You understand and agree that we have no control over, are not responsible for, and do
not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services
provided by our users or on third-party links. We will not be a party to or be in any way
responsible for monitoring any transaction between you and other providers of products or
services. As with the purchase of a product or service through any medium or in any
environment, you should use your best judgment and exercise caution where appropriate. You
agree to hold us harmless from any and all damages and liability that may result from use of
third-party links that appear on Swiggle and any advertising, services, goods, products, or other
materials available on third-party links. We are not responsible for any use of confidential or
private information by sellers or third parties. You agree that your use of any third-party link or
the goods or services provided thereon is governed by the policies of those third parties, not by
these Terms of Use or our other policies. We reserve the right to remove or disable any link at
any time.
D. Violations of Law
Access to Swiggle and use of the Services in violation of any law is strictly prohibited. If we
determine that you have provided or intend to purchase or provide any services in violation of
any law, your ability to access Swiggle and use the Services will be terminated immediately. We
do hereby disclaim any liability for damages that may arise from you or any user providing any
service that violates any law. You do hereby agree to defend, indemnify, and hold us harmless
from any liability that may arise for us should you violate any law. You also agree to defend and
indemnify us should any third party be harmed by your illegal actions or should we be obligated
to defend any such claims by any party.
7. Indemnification
You agree to defend, indemnify, and hold harmless Swiggle, its officers, directors, shareholders,
employees, independent contractors, telecommunication providers, and agents, from and against
any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly, indirectly, or consequentially
resulting or allegedly resulting from your actions, or the actions of another person under your
authority, including without limitation to governmental agencies, use, misuse, or inability to use
Swiggle or the Materials, or any breach of these Terms of Use by you or another person under
your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we
may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to
participate in the defense of such claim or suit at our own expense, and choose our own legal
counsel; however, we are not obligated to do so.
employees, independent contractors, telecommunication providers, and agents, from and against
any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly, indirectly, or consequentially
resulting or allegedly resulting from your actions, or the actions of another person under your
authority, including without limitation to governmental agencies, use, misuse, or inability to use
Swiggle or the Materials, or any breach of these Terms of Use by you or another person under
your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we
may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to
participate in the defense of such claim or suit at our own expense, and choose our own legal
counsel; however, we are not obligated to do so.
8. Limitation of Liability
You acknowledge that we will not be liable to you for user-generated Materials or the offensive
or illegal conduct of any person. You understand that the risk of harm or damage from this rests
entirely with you, and you expressly release us from any liability arising out of user-generated
Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our
parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates,
from any and all allegations, counts, charges, debts, causes of action, and claims relating in any
way to the use of, or activities relating to the use of Swiggle including claims relating to the
following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the
extent recognized in any jurisdiction), intentional infliction of emotional distress,
intentional interference with contract or advantageous business relationship,
defamation, privacy, publicity, intellectual property infringement,
misrepresentation, infectious disease, illegal gambling, any financial loss not due
to the fault of Swiggle, missed meetings, unmet expectations, false identities,
fraudulent acts by others, invasion of privacy, release of personal information,
failed transactions, purchases or functionality of Swiggle, unavailability of
Swiggle, its functions and any other technical failure that may result in
inaccessibility of Swiggle, or any claim based on vicarious liability for torts
committed by individuals met on or through Swiggle, including fraud, theft or
misuse of personal information, assault, battery, stalking, harassment,
cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of
claims released by you. This release is intended by the parties to be interpreted broadly in favor
of Swiggle, and thus any ambiguity shall be interpreted in a manner providing release of the
broadest claims. This release is intended to be a full release of claims, and the parties
acknowledge the legally binding nature of this provision, and the nature of the rights given up in
connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
● Any loss or damage of any kind incurred because of the Materials, including errors,
mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene,
indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
● Personal injury or property damage of any nature resulting from your access to and use of
Swiggle.
● Any third party’s unauthorized access to or alterations of your account, transmissions, or
data.
● Any interruption or cessation of transmission to or from Swiggle and any delays or
failures you may experience in initiating, conducting, or completing any transmissions to
or transactions with Swiggle.
● Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or
through Swiggle by any third party.
● Any incompatibility between Swiggle and your other services, hardware, or software.
or illegal conduct of any person. You understand that the risk of harm or damage from this rests
entirely with you, and you expressly release us from any liability arising out of user-generated
Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our
parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates,
from any and all allegations, counts, charges, debts, causes of action, and claims relating in any
way to the use of, or activities relating to the use of Swiggle including claims relating to the
following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the
extent recognized in any jurisdiction), intentional infliction of emotional distress,
intentional interference with contract or advantageous business relationship,
defamation, privacy, publicity, intellectual property infringement,
misrepresentation, infectious disease, illegal gambling, any financial loss not due
to the fault of Swiggle, missed meetings, unmet expectations, false identities,
fraudulent acts by others, invasion of privacy, release of personal information,
failed transactions, purchases or functionality of Swiggle, unavailability of
Swiggle, its functions and any other technical failure that may result in
inaccessibility of Swiggle, or any claim based on vicarious liability for torts
committed by individuals met on or through Swiggle, including fraud, theft or
misuse of personal information, assault, battery, stalking, harassment,
cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of
claims released by you. This release is intended by the parties to be interpreted broadly in favor
of Swiggle, and thus any ambiguity shall be interpreted in a manner providing release of the
broadest claims. This release is intended to be a full release of claims, and the parties
acknowledge the legally binding nature of this provision, and the nature of the rights given up in
connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
● Any loss or damage of any kind incurred because of the Materials, including errors,
mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene,
indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
● Personal injury or property damage of any nature resulting from your access to and use of
Swiggle.
● Any third party’s unauthorized access to or alterations of your account, transmissions, or
data.
● Any interruption or cessation of transmission to or from Swiggle and any delays or
failures you may experience in initiating, conducting, or completing any transmissions to
or transactions with Swiggle.
● Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or
through Swiggle by any third party.
● Any incompatibility between Swiggle and your other services, hardware, or software.
9. Intellectual Property
A. Trademarks
Swiggle is our brand name and trademark. We aggressively defend our intellectual property
rights. Other manufacturers’ product and service names referenced herein may be trademarks
and service marks of their respective companies and are the exclusive property of such respective
owners, and may not be used publicly without the express written consent of the owners or
holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks
that you find on Swiggle may not be used publicly except with express written permission from
us, and may not be used in any manner that is likely to cause confusion among consumers, or in
any manner that disparages or discredits Swiggle.
B. Copyrights
The Materials are our proprietary information and valuable intellectual property. We retain all
right, title, and interest in such Materials. Swiggle, the Materials, and our software are protected
by copyright law. The Materials may not be copied, downloaded, distributed, republished,
modified, uploaded, posted, or transmitted in any way without our prior written consent. You
may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend appearing on any of the
Materials. Modification or use of the Materials except as expressly provided in these Terms of
Use violates our intellectual property rights.
Swiggle is our brand name and trademark. We aggressively defend our intellectual property
rights. Other manufacturers’ product and service names referenced herein may be trademarks
and service marks of their respective companies and are the exclusive property of such respective
owners, and may not be used publicly without the express written consent of the owners or
holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks
that you find on Swiggle may not be used publicly except with express written permission from
us, and may not be used in any manner that is likely to cause confusion among consumers, or in
any manner that disparages or discredits Swiggle.
B. Copyrights
The Materials are our proprietary information and valuable intellectual property. We retain all
right, title, and interest in such Materials. Swiggle, the Materials, and our software are protected
by copyright law. The Materials may not be copied, downloaded, distributed, republished,
modified, uploaded, posted, or transmitted in any way without our prior written consent. You
may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend appearing on any of the
Materials. Modification or use of the Materials except as expressly provided in these Terms of
Use violates our intellectual property rights.
10. Additional Terms for Mobile Users
A. Apple Users
If you download our Apple mobile application (“Apple App”), the following apply to you:
● Both parties acknowledge that these Terms of Use are between you and us only, and not with
Apple, and we, not Apple, is solely responsible for Swiggle and the Materials.
● We grant you only a limited, non-transferable license to use the Apple App on any Apple
products that you own or control, as permitted by the Apple’s Terms of Use, except that the
Apple App may be accessed and used by other accounts associated with the purchaser via
Family Sharing or volume purchasing.
● We are solely responsible for providing any maintenance and support services with respect to
the Apple App, as specified in these Terms of Use or as required under applicable law. Both
parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the Apple App.
● We are solely responsible for any product warranties, whether express or implied by law, to
the extent not effectively disclaimed. In the event of any failure of the Apple App to conform
to any applicable warranty, you may notify Apple, and Apple will refund the purchase price
for the Apple App to you. To the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the Apple App, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to
any warranty will be our sole responsibility.
● Both parties acknowledge that we, not Apple, are responsible for addressing any claims you
or any third party bring relating to the Apple App or your possession and/or use thereof,
including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App
fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection, privacy, or similar legislation, including in connection with the
Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Use do not
limit our liability to you beyond what is permitted by applicable law.
● Both parties acknowledge that, in the event of any third-party claim that the Apple App or
your possession and/or use thereof infringes that third party’s intellectual property rights, we,
not Apple, will be solely responsible for the investigation, defense, settlement and discharge
of any such intellectual property infringement claim.
● You represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
If you download our Apple mobile application (“Apple App”), the following apply to you:
● Both parties acknowledge that these Terms of Use are between you and us only, and not with
Apple, and we, not Apple, is solely responsible for Swiggle and the Materials.
● We grant you only a limited, non-transferable license to use the Apple App on any Apple
products that you own or control, as permitted by the Apple’s Terms of Use, except that the
Apple App may be accessed and used by other accounts associated with the purchaser via
Family Sharing or volume purchasing.
● We are solely responsible for providing any maintenance and support services with respect to
the Apple App, as specified in these Terms of Use or as required under applicable law. Both
parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the Apple App.
● We are solely responsible for any product warranties, whether express or implied by law, to
the extent not effectively disclaimed. In the event of any failure of the Apple App to conform
to any applicable warranty, you may notify Apple, and Apple will refund the purchase price
for the Apple App to you. To the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the Apple App, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to
any warranty will be our sole responsibility.
● Both parties acknowledge that we, not Apple, are responsible for addressing any claims you
or any third party bring relating to the Apple App or your possession and/or use thereof,
including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App
fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection, privacy, or similar legislation, including in connection with the
Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Use do not
limit our liability to you beyond what is permitted by applicable law.
● Both parties acknowledge that, in the event of any third-party claim that the Apple App or
your possession and/or use thereof infringes that third party’s intellectual property rights, we,
not Apple, will be solely responsible for the investigation, defense, settlement and discharge
of any such intellectual property infringement claim.
● You represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
You may send questions, complaints, and claims related to the App to:
Swiggle, Inc.
1 East Broward Blvd, Floor 7
Fort Lauderdale, FL 33301
info@swiggleit.com
● You must comply with applicable third-party terms of agreement when using the Apple App.
● Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use,
Apple will have the right (and will be deemed to have accepted the right) to enforce these
Terms of Use against you as a third-party beneficiary thereof.
B. Google Users
If you access the Services through the Google Play Store, you agree to the following additional
terms of use required by Google: https://play.google.com/intl/en_us/about/play-terms.html.
Swiggle, Inc.
1 East Broward Blvd, Floor 7
Fort Lauderdale, FL 33301
info@swiggleit.com
● You must comply with applicable third-party terms of agreement when using the Apple App.
● Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use,
Apple will have the right (and will be deemed to have accepted the right) to enforce these
Terms of Use against you as a third-party beneficiary thereof.
B. Google Users
If you access the Services through the Google Play Store, you agree to the following additional
terms of use required by Google: https://play.google.com/intl/en_us/about/play-terms.html.
11. General
A. Entire Agreement
These Terms of Use and any other legal notice or agreement published by us on Swiggle, forms
the entire agreement between you and us concerning your use of Swiggle. It supersedes all prior
terms, understandings, or agreements between you and us regarding use of Swiggle. A printed
version of these Terms of Use and of any notice given in electronic form will be admissible in
any proceedings based on or relating to these terms. Such version of these Terms of Use shall be
utilized to the same evidentiary extent, and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
B. Policies of Our Service Providers
You understand and agree that we may use certain third-party service providers to offer the
Services to you. You understand and agree that you must agree to and abide by any user terms,
privacy policy, or other policy that such third party requires you to agree to in order to use their
services. In the event of a conflict between those policies and our policies, the terms of our
policies shall govern.
C. Assignment and Delegation
We may assign any rights or delegate any performance under these Terms of Use without notice
to you. You will not assign, delegate, or sublicense any of your rights or duties without our
advanced written consent. Any attempted assignment or delegation in violation of this provision
will be void.
D. Severability
If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the
remaining provisions shall continue in full force, if the essential terms for each party remain
valid, binding, and enforceable.
E. Cumulative Remedies
All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the
assertion by a party of any right or remedy will not preclude the assertion by the party of any
other rights or the seeking of any other remedies available at law, in equity, by statute, in any
other agreement between the parties, or otherwise.
F. Successors and Assigns
These Terms of Use inure to the benefit of, and are binding on, the parties and their respective
successors and assigns. This section does not address, directly or indirectly, whether a party may
assign its rights or delegate its performance under these Terms of Use.
G. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes
beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes,
hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson,
embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or
information services infrastructure; hacking, spam, data breach, malware, or any failure of a
computer, server, network, or software for so long as the event continues to delay our
performance; and unlawful acts of our employees, agents, or contractors.
H. Notices
Any notice required to be given by us under these Terms of Use may be provided by email to a
functioning email address of the party to be noticed, by a general posting on Swiggle, or by
personal delivery via commercial carrier. Notices by customers to us shall be given by contacting
us at Info@swiggleit.com unless otherwise specified in these Terms of Use. Either party may
change the address to which notice is to be sent by written notice to the other party pursuant to
this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices
delivered by overnight carrier shall be deemed delivered on the business day following
mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party
may, by giving the other party appropriate written notice, change the designated address, email
address, or recipient for any notice hereunder. Any correctly addressed notice that is refused,
unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be
deemed effective as of the first date that said notice was refused or deemed undeliverable by the
postal authorities, messenger, email server, or overnight delivery service.
I. Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic
communications. All messages transmitted to us shall be deemed to be readily accessible to the
general public. Notice is hereby given that all messages entered into Swiggle may be read by the
agents and operators of Swiggle, regardless of whether they are the intended recipients of such
messages.
J. Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications, including
emails or electronic messages. You understand and agree that such communications may contain
materials not suitable for minors. This authorization will continue until you request us to remove
you from our email list. You understand and agree that even unsolicited email correspondence
from us, or our affiliates, is not spam as that term is defined under the law.
K. Consideration
We allow you to access and use Swiggle, the Services, and the Materials in consideration for
your acquiescence to all the provisions in these Terms of Use. You agree that such consideration
is both adequate and received upon your viewing or downloading any portion of Swiggle.
L. Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through Swiggle.
You agree that when in the future you click on an “I agree,” “I consent,” or other similarly
worded button, check box, or entry field with your mouse, keystroke, or other computer device,
your agreement or consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.
M. English Language
We have written these Terms of Use and our associated website policies in the English language.
You are representing your understanding and assent to the English language version of these
Terms of Use as they are published. We are not liable to you or any third party for any costs or
expenses incurred in translating these Terms of Use. In the event that you choose to translate
these Terms of Use, you do so at your own risk, as only the English language version is binding.
N. Export Control
You understand and acknowledge that the software elements of the Materials on Swiggle may be
subject to regulation by governmental agencies which prohibit export or diversion of software
and other goods to certain countries and third parties. Diversion of such Materials contrary to
U.S. or international law is prohibited. You will not assist or participate in any such diversion or
other violation of applicable laws and regulations. You warrant that you will not license or
otherwise permit anyone not approved to receive controlled commodities under applicable laws
and regulations and that you will abide by such laws and regulations. You agree that none of the
Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed
activities.
O. No Agency Relationship
Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or
otherwise recognize a partnership, employment, joint venture, or formal business entity of any
kind; and the rights and obligations of the parties shall be limited to those expressly set forth
herein.
P. Usages
In these Terms of Use, unless otherwise stated or the context otherwise requires, the following
usages will apply:
● References to a statute will refer to the statute and any successor statute, and to all
regulations promulgated under or implementing the statute or successor, as in effect at the
relevant time.
● In computing periods from a specified date to a later specified date, the words “from” and
“commencing on” (and the like) mean “from and including,” and the words “to,” “until,”
and “ending on” (and the like) mean “to but excluding.”
● References to a governmental or quasi-governmental agency, authority, or instrumentality
will also refer to a regulatory body that succeeds to the functions of the agency, authority,
or instrumentality.
● “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The
same construction applies to longer strings.
● “Including” means “including, but not limited to.”
Q. No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same
provision of these Terms of Use. If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or
operation of any other term, clause or provision and such invalid term, clause or provision shall
be deemed to be severed from these Terms of Use.
R. Headings
All headings are solely for the convenience of reference and shall not affect the meaning,
construction or effect of these Terms of Use.
S. Other Jurisdictions/Foreign Law
We make no representation that Swiggle, the Services, or any of the Materials are appropriate or
available for use in all locations. You may not access Swiggle, the Services, or the Materials
from territories where their contents may be illegal or is otherwise prohibited. Those who choose
to access Swiggle and use the Services from such locations do so on their own initiative and are
solely responsible for determining compliance with all applicable local laws. Nothing contained
in these Terms of Use shall be interpreted as an admission that Swiggle is subject to the laws of
any nation besides the United States.
T. Service Not Available in Some Areas
You are subject to the laws of the state, province, city, country, or other legal entity in which you
reside or from which you access Swiggle. Swiggle IS VOID WHERE PROHIBITED OR
RESTRICTED BY LAW. If you open an account or use Swiggle while located in a prohibited
jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and
subject to having your account suspended or terminated without any notice to you. You hereby
agree that Swiggle cannot be held liable if laws applicable to you restrict or prohibit your
participation. Swiggle makes no representations or warranties, implicit or explicit, as to your
legal right to participate in any Service offered on Swiggle, nor shall any person affiliated, or
claiming affiliation, with Swiggle have authority to make any such representations or warranties.
We reserve the right to restrict access to Swiggle in any jurisdiction.
These Terms of Use and any other legal notice or agreement published by us on Swiggle, forms
the entire agreement between you and us concerning your use of Swiggle. It supersedes all prior
terms, understandings, or agreements between you and us regarding use of Swiggle. A printed
version of these Terms of Use and of any notice given in electronic form will be admissible in
any proceedings based on or relating to these terms. Such version of these Terms of Use shall be
utilized to the same evidentiary extent, and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
B. Policies of Our Service Providers
You understand and agree that we may use certain third-party service providers to offer the
Services to you. You understand and agree that you must agree to and abide by any user terms,
privacy policy, or other policy that such third party requires you to agree to in order to use their
services. In the event of a conflict between those policies and our policies, the terms of our
policies shall govern.
C. Assignment and Delegation
We may assign any rights or delegate any performance under these Terms of Use without notice
to you. You will not assign, delegate, or sublicense any of your rights or duties without our
advanced written consent. Any attempted assignment or delegation in violation of this provision
will be void.
D. Severability
If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the
remaining provisions shall continue in full force, if the essential terms for each party remain
valid, binding, and enforceable.
E. Cumulative Remedies
All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the
assertion by a party of any right or remedy will not preclude the assertion by the party of any
other rights or the seeking of any other remedies available at law, in equity, by statute, in any
other agreement between the parties, or otherwise.
F. Successors and Assigns
These Terms of Use inure to the benefit of, and are binding on, the parties and their respective
successors and assigns. This section does not address, directly or indirectly, whether a party may
assign its rights or delegate its performance under these Terms of Use.
G. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes
beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes,
hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson,
embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or
information services infrastructure; hacking, spam, data breach, malware, or any failure of a
computer, server, network, or software for so long as the event continues to delay our
performance; and unlawful acts of our employees, agents, or contractors.
H. Notices
Any notice required to be given by us under these Terms of Use may be provided by email to a
functioning email address of the party to be noticed, by a general posting on Swiggle, or by
personal delivery via commercial carrier. Notices by customers to us shall be given by contacting
us at Info@swiggleit.com unless otherwise specified in these Terms of Use. Either party may
change the address to which notice is to be sent by written notice to the other party pursuant to
this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices
delivered by overnight carrier shall be deemed delivered on the business day following
mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party
may, by giving the other party appropriate written notice, change the designated address, email
address, or recipient for any notice hereunder. Any correctly addressed notice that is refused,
unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be
deemed effective as of the first date that said notice was refused or deemed undeliverable by the
postal authorities, messenger, email server, or overnight delivery service.
I. Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic
communications. All messages transmitted to us shall be deemed to be readily accessible to the
general public. Notice is hereby given that all messages entered into Swiggle may be read by the
agents and operators of Swiggle, regardless of whether they are the intended recipients of such
messages.
J. Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications, including
emails or electronic messages. You understand and agree that such communications may contain
materials not suitable for minors. This authorization will continue until you request us to remove
you from our email list. You understand and agree that even unsolicited email correspondence
from us, or our affiliates, is not spam as that term is defined under the law.
K. Consideration
We allow you to access and use Swiggle, the Services, and the Materials in consideration for
your acquiescence to all the provisions in these Terms of Use. You agree that such consideration
is both adequate and received upon your viewing or downloading any portion of Swiggle.
L. Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through Swiggle.
You agree that when in the future you click on an “I agree,” “I consent,” or other similarly
worded button, check box, or entry field with your mouse, keystroke, or other computer device,
your agreement or consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.
M. English Language
We have written these Terms of Use and our associated website policies in the English language.
You are representing your understanding and assent to the English language version of these
Terms of Use as they are published. We are not liable to you or any third party for any costs or
expenses incurred in translating these Terms of Use. In the event that you choose to translate
these Terms of Use, you do so at your own risk, as only the English language version is binding.
N. Export Control
You understand and acknowledge that the software elements of the Materials on Swiggle may be
subject to regulation by governmental agencies which prohibit export or diversion of software
and other goods to certain countries and third parties. Diversion of such Materials contrary to
U.S. or international law is prohibited. You will not assist or participate in any such diversion or
other violation of applicable laws and regulations. You warrant that you will not license or
otherwise permit anyone not approved to receive controlled commodities under applicable laws
and regulations and that you will abide by such laws and regulations. You agree that none of the
Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed
activities.
O. No Agency Relationship
Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or
otherwise recognize a partnership, employment, joint venture, or formal business entity of any
kind; and the rights and obligations of the parties shall be limited to those expressly set forth
herein.
P. Usages
In these Terms of Use, unless otherwise stated or the context otherwise requires, the following
usages will apply:
● References to a statute will refer to the statute and any successor statute, and to all
regulations promulgated under or implementing the statute or successor, as in effect at the
relevant time.
● In computing periods from a specified date to a later specified date, the words “from” and
“commencing on” (and the like) mean “from and including,” and the words “to,” “until,”
and “ending on” (and the like) mean “to but excluding.”
● References to a governmental or quasi-governmental agency, authority, or instrumentality
will also refer to a regulatory body that succeeds to the functions of the agency, authority,
or instrumentality.
● “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The
same construction applies to longer strings.
● “Including” means “including, but not limited to.”
Q. No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same
provision of these Terms of Use. If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or
operation of any other term, clause or provision and such invalid term, clause or provision shall
be deemed to be severed from these Terms of Use.
R. Headings
All headings are solely for the convenience of reference and shall not affect the meaning,
construction or effect of these Terms of Use.
S. Other Jurisdictions/Foreign Law
We make no representation that Swiggle, the Services, or any of the Materials are appropriate or
available for use in all locations. You may not access Swiggle, the Services, or the Materials
from territories where their contents may be illegal or is otherwise prohibited. Those who choose
to access Swiggle and use the Services from such locations do so on their own initiative and are
solely responsible for determining compliance with all applicable local laws. Nothing contained
in these Terms of Use shall be interpreted as an admission that Swiggle is subject to the laws of
any nation besides the United States.
T. Service Not Available in Some Areas
You are subject to the laws of the state, province, city, country, or other legal entity in which you
reside or from which you access Swiggle. Swiggle IS VOID WHERE PROHIBITED OR
RESTRICTED BY LAW. If you open an account or use Swiggle while located in a prohibited
jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and
subject to having your account suspended or terminated without any notice to you. You hereby
agree that Swiggle cannot be held liable if laws applicable to you restrict or prohibit your
participation. Swiggle makes no representations or warranties, implicit or explicit, as to your
legal right to participate in any Service offered on Swiggle, nor shall any person affiliated, or
claiming affiliation, with Swiggle have authority to make any such representations or warranties.
We reserve the right to restrict access to Swiggle in any jurisdiction.
[nothing more follows]
© Walters Law Group (2022). All rights reserved.
© Walters Law Group (2022). All rights reserved.
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