Terms of Use

Swift Bunny Terms of Service

Effective date: October 24, 2019

Welcome to Swift Bunny .com (the “Site”, the “Service”), operated by Swift Bunny LLC. (collectively, “Swift Bunny,” “we,” “us,” “our”). We offer an expanding set of engagement, retention, and feedback services which collect information via permissioned and voluntary surveys. By accessing, viewing, downloading, or otherwise using the Site or any webpage or any Service available via Swift Bunny, you, the user, acknowledge and agree to be bound by the following Terms of Service (the “Terms of Service”). This Terms of Service applies to all the products, services, websites and applications offered by us. We refer to our products, services, websites and applications collectively as the “Service” in this policy. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site and our services after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Intellectual Property Notices

All content on the Site, including the logo, articles, materials, documents, other text and graphics (collectively, the “Site Contents”) and the products, services and applications (collectively, the “Services”) offered by us are the intellectual property of Swift Bunny. The Site Contents available on the Site and the Services offered by us are protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Contents and the Services offered by us are not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Swift Bunny. Swift Bunny reserves the right to revoke any authorization at any time. You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any portion of the Site or any Service offered by us except and only to the extent that such activity is expressly permitted by Swift Bunny.

Service Eligibility

You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed from Swift Bunny ; (c) are not a direct competitor of Swift Bunny ; (d) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Site and Services are at your own risk. The Site Contents and Services on Swift Bunny may not be appropriate or functional for use outside the United States of America. users located outside the United States use the Site and Services understanding this limitation.

General Terms of Service

You must provide correct and complete personal and business information as requested by Swift Bunny. As part of your use of the Site or Services offered by us, you may be required to submit certain content (including any name, contact information, business information, and other personal information). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third-party rights.

Swift Bunny exercises no control over any content you or others submit while using the Site. Swift Bunny has no obligation to verify the identity of any users when they are connected to Swift Bunny or to supervise the content which has been provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Swift Bunny by contacting us at [email protected].

Swift Bunny will store and process your Content in a manner consistent with industry security standards. Swift Bunny has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.

If Swift Bunny becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Swift Bunny will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. Swift Bunny will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Swift Bunny.

You grant Swift Bunny a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Swift Bunny privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Swift Bunny’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Swift Bunny with feedback about the Services, we may use your feedback without any obligation to you.

We value hearing from you and are always interested in learning about ways we can improve the Site or any of our Services. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.

Prohibited Conduct

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

  • Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Site.
  • Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affect the use, enjoyment or service of the Site.
  • Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affect the use, enjoyment or service of any user’s or Swift Bunny employee’s computer or other medium used to access the Site.
  • Transmit, install, upload or otherwise transfer any material to the Site or Service that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. Swift Bunny reserves the sole discretion to determine the nature of the material.
  • Transmit, install, upload or otherwise transfer to the Site or Services any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
  • Modify the information, including headers, found on the Site.
  • Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
  • Engage in any action that imposes an unreasonable or disproportionately large load on the Site or Services, or that Swift Bunny determines is detrimental to the use and enjoyment of the Site and Services.
  • Use the Site and Services for any unlawful or defamatory means.
  • Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Indemnity

You agree to defend, indemnify and hold harmless Swift Bunny and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, directors, suppliers, other partners, employees and representatives from any claim or demand, including attorney’s fees, made by any third party to or arising out of your use of the site or any service, or your use of or connection to Swift Bunny (including any use by you on behalf of a third party). We reserve the right, at our own expense, to participate in or assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. We reserve the right to deny our Services to anyone, at any time, and for any reason, as allowed by law, or for any other reason.

Disclaimer of warranties

Some jurisdictions do not allow the disclaimer of implied warranties in contracts with consumers and as a result the contents of this section may not apply to you. Your use of the site and our services is at your sole risk unless otherwise explicitly stated. The site, including the information and services provided by Swift Bunny are on an “as is,” “as available” and “with all faults” basis. Swift Bunny disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Swift Bunny makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the site, any content on the site, or services.

Swift Bunny makes no warranty or representation that: (a) Swift Bunny services will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of Swift Bunny will be accurate or reliable; (c) the quality of any products, services, site contents, information, or other material purchased or obtained from the site will meet your expectations or requirements; or (d) any errors in Swift Bunny will be corrected. In particular, Swift Bunny ’s operation may be momentarily interrupted due to maintenance, updates, or technical improvements. Swift Bunny disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Swift Bunny disclaims all liability for any malfunction, impossibility of access, or poor use conditions of the Swift Bunny site or service due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason.

You assume all risk for any damage to your computer system or loss of data that results from using any Swift Bunny service, including any damages resulting from computer viruses.

Swift Bunny is not responsible and makes no representations or warranties for the delivery of any messages (such as emails, posting of comments or transmission of any other user generated content) sent through Swift Bunny to anyone. In addition, we neither warrant nor represent that your use of the Swift Bunny services will not infringe the rights of third parties. Any material, service, or technology described or used on Swift Bunny may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.

Swift Bunny does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its Swift Bunny services by other users; therefore, Swift Bunny declines all liability for inaccurate information; fraud; negligence; willful misconduct; or any other inappropriate use of Swift Bunny.

Swift Bunny does not guarantee and is not obligated to guarantee the availability, accessibility, or usability of our site. Swift Bunny, in our sole discretion, may interrupt the availability, accessibility, or usability of our services, without notice, at any time, without any liability. Swift Bunny responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify Swift Bunny’s agent for claims of copyright infringement at by contacting us at [email protected] Swift Bunny respects the intellectual property rights of others, and we expect our users to do the same. If you believe a Swift Bunny user is infringing upon your intellectual property rights, you may report it. Claims of copyright infringement should follow the DMCA process, or any equivalent process available under local law.

Limitation of Liability

Some jurisdictions do not allow the limitation or exclusion of liability in contracts and as a result the contents of this section may not apply to you. To the full extent permitted by law, Swift Bunny is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Swift Bunny, even if Swift Bunny has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use Swift Bunny; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from Swift Bunny; (c) statements or conduct of any third party on Swift Bunny , including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Swift Bunny content or information you may download, use, rely upon, modify or distribute.

Termination of Service

We reserve the right, at our sole discretion and with reasonable notice, to terminate any and all service provided to you at any time for any reason. We also reserve the right, at our sole discretion, to discontinue any service or modify any service with reasonable notice, at any time, and without liability. We shall not be liable to you or any third party if we terminate your access and you agree to hold us harmless and indemnify us from any third-party claims arising from the termination of your access. You agree that any material breach of these Terms of Service will result in irreparable harm to Swift Bunny for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Swift Bunny will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Swift Bunny seeks such an injunction.

Advertisements and Promotions

Swift Bunny may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Swift Bunny found on or through the Site, including delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Swift Bunny is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Swift Bunny advertisers on the Site.

Third Party Content

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Swift Bunny is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products, or other materials on or available from such third party sites or resources (the “Third Party Content”). Swift Bunny will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Third Party Content available on or through any such third party site or resource, even if one or more pages of the third party site is/are framed within our Site.

Third-Party Applications

From time to time, Swift Bunny uses third party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you—including but not limited to email delivery, and user use data— Swift Bunny will pass data including, but not limited to, contact data, email addresses, and other stored information to third parties. Swift Bunny is not required to disclose third parties involved in any of the above described transactions or features.

Controlling Law

The laws of the state of Georgia and controlling U.S. federal law govern any action related to the Terms of Service and/or your use of the Site. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Service. You and Swift Bunny agree to submit to the personal and exclusive jurisdiction of the courts located in Richmond County, in the state of Georgia.

Entire Agreement

These Terms of Service contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Service is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Service will remain in full force and effect.

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