Last Modified: July 27, 2019
- Your Acceptance
Through the Platform, Swift Outreach may offer SEO services or other services. Swift Outreach uses reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and market variables that are outside of Swift Outreach’s direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Platform, you agree that we make no guarantees including but not limited to web placement, rankings, or any profits. You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed. Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control. Due to the nature of our services, you agree:
- Swift Outreach is not affiliated with any blogger, or influencer, or contact on the platforms of Youtube, Instagram or LinkedIn
- Swift Outreach does not receive monetary gain from any influencer, blogger or contact that is introduced to the client.
- Swift Outreach provides the research service for the Youtube, Instagram and Blogger packages.
- Swift Outreach provides all contact details and proposal information to the client by email and from that point the client handles all negotiation with the influencer directly.
- Swift Outreach is not responsible for any changes made to a user’s website that adversely affects the search engine rankings of the user’s website.
- Swift Outreach has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Swift Outreach cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
- Swift Outreach makes no representations as to any profits or increased business as related to a user’s use of the services.
- Swift Outreach has no control over any actions or inaction by any search engines related to a user’s website or a website’s ranking.
You agree to release us from any liability that we may incur for providing you any services offered via Platform. You agree that any service or any other information found on the Platform may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our Platform.
- No Earnings Projections, Promises Or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of any of our systems, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by our systems.
Your Success Or Lack Of It. Your success in using the information or strategies provided at our website depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses, and traditional business structures, and earnings derived therefrom involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase any of our systems, and/or any monies spent setting up, operating, and/or marketing any of our systems, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
- Testimonials, Case Studies, and Examples
Testimonials, case studies, and examples found on this website are exceptional results, do not reflect the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found on this website.
However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties.
Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials.
If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history.
- User Obligations
For any users that wish to purchase any services offered via the Platform, you agree that you will promptly cooperate and provide to Swift Outreach access, software codes, data, documents, content, art, and/or other information needed by us to provide any services to you. Your failure to cooperate or assist us may prevent the completion of any services offered. Where you fail to cooperate with Swift Outreach, you agree that no refunds may be granted.
- Use of the Platform
When using our Platform, you are responsible for your and for any use of Swift Outreach made using your account and for your use of any services provided. You agree to the following:
- You may not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
- You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not share your license or access with any other parties;
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform to store or transmit any health, medical, or sensitive financial information;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not collect or harvest any personally identifiable information, including account names, from the Platform;
- You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
- You may not use the Platform for any purposes that are misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing;
- You may not violate any requirements, procedures, policies or regulations of networks connected to Swift Outreach;
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
- You may not interfere with or disrupt the Platform;
- You may not violate any law or regulation and you solely are responsible for such violations;
- You agree that you will not hold Swift Outreach responsible for your use of our Platform; and
- You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Swift Outreach reserves the right to suspend or terminate any account at any time without notice or explanation.
- User Content
Your ability to submit or transmit any information through the Platform, including but not limited to data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our Platform but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Swift Outreach, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Additionally, you grant to Swift Outreach a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform.
- Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Additionally, Swift Outreach is under no obligation to provide the services to any users and may suspend a user’s access to the Platform at any time and at our discretion. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
- Modification of Platform
We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
Portions of the Platform or specific services offered may require payment and you agree to pay for all costs, fees, and taxes listed. User authorizes Swift Outreach or its third party payment processors to charge their method of payment at the time of purchase. Please be aware that purchases are completed via our third party payment processors. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Swift Outreach may suspend or terminate your access to any services of the Platform, without liability to us.
Where Swift Outreach does not charge you taxes for any purchases, you agree to pay any and all applicable taxes for your use and purchase of the services. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.
- Pricing and Price Increases
The pricing for any services or Paid Subscriptions is listed on Swift Outreach Platform. Swift Outreach may increase the price of any Paid Subscriptions or services, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Swift Outreach shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, you may be unable to access portions of the Platform. You agree that Swift Outreach has no obligation to offer any services or Paid Subscriptions for the price originally offered to you at sign up.
As we offer online services, we cannot offer refunds for any Paid Subscriptions or any paid services. Please be aware that all purchases are final.
When using the Platform, user may be entitled to receive press releases, blog posts, or other creative content (collectively the “Deliverables”) upon purchase of our services. Contingent on complete and timely payment, Swift Outreach shall assign to user all right, title, and ownership interest to any Deliverables purchased by the user. Where user has failed to pay for any Deliverable in a timely manner, Swift Outreach reserves the right to withhold or demand the return of any Deliverable from the user.
Please be aware that some of our services provided may list estimated dates and timelines for delivery or completion (“Estimated Dates”). Although, Swift Outreach shall attempt to deliver all services by the Estimated Dates listed on the Platform, these Estimated Dates are merely good faith estimates and are non-binding in nature. Swift Outreach reserves the right to modify, alter, or extend any Estimated Dates at our discretion. Swift Outreach is not responsible or liable for any failure to provide any services before any Estimated Dates listed on the Platform. Oral or written statements made by any agents, employees, or contractors of Swift Outreach regarding any Estimated Dates are non-binding and do not alter any contractual agreements between Swift Outreach and any users.
- Intellectual Property
The name “Swift Outreach”, www.thehoth.com, Swift Outreach Platform along with the design of Swift Outreach Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Swift Outreach, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Swift Outreach reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SWIFT OUTREACH, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM; (2) ANY INFORMATION PROVIDED VIA THE PLATFORM; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SWIFT OUTREACH, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
SWIFT OUTREACH DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. SWIFT OUTREACH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. SWIFT OUTREACH DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SWIFT OUTREACH SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
- Limitation of Liability
IN NO EVENT SHALL Swift Outreach, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SWIFT OUTREACH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM INCLUDING THE SERVICES, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (5) ANY FAILURE OR DISRUPTION OF SERVICES WHETHER INTENTIONAL OR UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME PROVINCES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by Swift Outreach’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM INCLUDING OUR SERVICES.
You agree to defend, indemnify and hold harmless Swift Outreach, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to Swift Outreach Platform including any services;
- your violation of any term of this Agreement;
- your interactions with any other uses or third parties; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of Swift Outreach Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
- Choice of Law
This Agreement shall be governed by the laws in force in the state of Murcia, Spain. The offer and acceptance of this contract is deemed to have occurred in the province of Murcia.
Any dispute relating in any way to your visit to the Platform or our Platform shall be submitted to confidential arbitration in Murcia, Spain. Arbitration under this Agreement shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Swift Outreach may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Murcia, Spain.
- Class Action Waiver
You and Swift Outreach agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Swift Outreach are deemed to conflict with each other’s operation, Swift Outreach shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
- Entire Agreement
This Agreement constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
- Electronic Communications
The communications between you and Swift Outreach use electronic means, whether you visit the Platform or send Swift Outreach e-mails, or whether Swift Outreach posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Swift Outreach in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Swift Outreach provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Relationship of the Parties.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Swift Outreach.
- How To Contact Us
Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email to hello [replace with @] swiftoutreach.com and providing us with information relating to your concern.