Thank you for visiting the SwiftFOCUS Consulting website. Please read the Terms and Conditions below before browsing and / or using our website and in preparation to speak with a SwiftFOCUS, LLC Representative. Your engagement with us is subject to the Terms and Conditions and all applicable laws.
Last Revised on December 9, 2020
- Agreement to be Legally Bound by Terms
By accessing or using the www.swiftfocusconsulting.com (“Website”) or any service made available by SwiftFOCUS, LLC ( the “Service”) or a third party that we may do business with, however accessed, you agree to be bound by these terms of use (“Terms”). Know that none of the third parties are employees of ours.
By accessing or using the Service, you acknowledge and represent that you have read, understand and are fully able and competent to accept these terms and conditions and agree to be legally bound by them. If you are under the age of eighteen (18) or if you do not agree to these terms, please do NOT use this service.
The terms and conditions below limit our liability and obligations to you and allow us to change, suspend or terminate your access to and use of the Service at any time in our sole discretion.
2. Service Account
When we create a service account for you, the business information you provide must pertain to the business you work for and true, accurate and complete. Your account is to be used only by you and only for your business needs. If you do not comply with these rules, it will be identified as a breach of terms and can result in immediate termination of the specific service agreement and possibly your overall account with us. If you notice any breach, issue or unauthorized use of your service agreement and / or account, you must notify us immediately.
You may NOT authorize others to use your account, and you may NOT assign or otherwise transfer your account to any other person or entity. You are solely responsible for, and assume all liability regarding a) the information and content you provide, b) the information and content you make available in any manner through the Service, and c) your interaction with any and all third parties.
3. License
The site contains content (examples: name, design and verbiage) owned by SwiftFOCUS, LLC and is protected under law and SwiftFOCUS, LLC retains all rights in the Content and the Service. The content cannot be reproduced, modified, adapted displayed, published, distributed, transmitted, broadcasted, sold, licensed or otherwise exploited.
4. Privacy
Use of the Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please review our Privacy Policy in its entirety. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.
5. Availability, Errors and Inaccuracies
We update our Service, periodically. Considering the website is dependent on software, hardware, communications networks and other factors outside our control, there may be times when the site may not be available and as a result, we cannot guarantee that the website will be available 100% of the time. If errors and inaccuracies are discovered, we will update the information in a timely manner to ensure the Service is not interrupted.
6. Links To Other Web Sites
Our website may contain links to third party websites or services that are NOT owned or controlled by SwiftFOCUS, LLC. Since SwiftFOCUS, LLC does NOT have control over third party websites, we are not responsible for the third parties’ content, privacy policies, practices or services and you acknowledge SwiftFOCUS, LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
7. Requests Submitted via the SwiftFOCUS, LLC Website ‘Contact Us’ Form
The ‘Contact Us’ form MUST be used in a lawful manner, contain valid names, e-mail addresses and phone numbers and the information in the “I Would Like To Discuss” box is expected to include subject matter that will help your business.
If you plan to share a large amount of information, please do NOT include it in this form. Instead, send it in an e-mail(s) to Michael@swiftfocusconsulting.com.
You may NOT use the website in a manner that is abusive, bullying, harassing, illegal (example: hacking), threatening, intimidating, damaging (example: material that will negatively impact the SwiftFOCUS Consulting website) or considered harmful (example: providing documents with a known virus) to others in any way. If any of these actions occurs, we reserve the right to bring the issues(s) to the appropriate authorities to take legal action and suspend or terminate an agreement or all agreements that have been established between you and SwiftFOCUS, LLC.
8. Feedback Provided to SwiftFOCUS, LLC
We appreciate the feedback you provide via our website, e-mails, video communications and phone calls and will respond, accordingly. Please note that if advice, suggestions and / or recommendations are provided, we may use the information and we are under no obligation to compensate you for it.
9. Compliance With Laws
You represent and warrant that a) you are not located in a country that is subject to a United States Government embargo, or designated by the United States Government as a “terrorist supporting” country; and b) you are not on any United States Government list and identified as a prohibited or restricted party.
You agree that you will not use the Service for any prohibited purpose. It is your sole responsibility to ensure that your use of the Service complies with all laws, rules and regulations applicable to you.
In addition, you acknowledge that to use the Service, a) you own the content provided or you have the right to use it and grant us the rights and license as provided in these Terms, and b) the use of your content on or through the Service does not violate the privacy rights, publicity rights, contract rights or any other rights of any person or entity.
10. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless SwiftFOCUS, LLC, its owner and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of or in connection with: a) your use and access of the Service; b) a violation or breach of these Terms or any other agreement that governs your use of the Service; c) a violation of any of your representations or warranties made to us, or d) a violation of any law or the rights of any third party.
11. Disclaimer Of Warranties
The Service is provided on an “as is” and “as available” basis. SwiftFOCUS, LLC does NOT represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. In addition, SwiftFOCUS, LLC does NOT make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. We do NOT warrant that your use of the Service is lawful in any particular jurisdiction, and SwiftFOCUS, LLC specifically disclaim such warranties.
12. By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
13. Limitation Of Liability; Waiver
Under no circumstances will SwiftFOCUS, LLC be liable to you for any loss or damages of any kind, including, without limitation, for any direct, indirect, economic exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to: a) the Service, b) SwiftFOCUS, LLC, c) third party content, d) your use of, inability to use, or the performance of the Service, e) any action taken in connection with an investigation by SwiftFOCUS, LLC, or law enforcement authorities regarding your or any other party’s use of the Service, f) any action taken in connection with copyright or other intellectual property owners, g) any errors or omissions in the Service’s operation, h) any damage to any user’s computer, mobile device or other equipment or technology, including without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if SwiftFOCUS, LLC has been advised or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort, including, without limitation, whether caused in whole or in part by negligence, act of God, telecommunications failure, or theft or destruction of the Service. In no event will SwiftFOCUS, LLC be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do NOT allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
SwiftFOCUS, LLC is NOT responsible for the actions, content, information, or data of third parties, and you release SwiftFOCUS, LLC from any claims and damages, known and unknown, arising out of in any way connected with any claim you have against such third parties.
14. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Time Limitation On Claims
You agree that any claim you may have arising out of or related to your relationship with SwiftFOCUS, LLC must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
15. Governing Law
You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, in the United States, without regard to its conflict of law provisions. You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in Suffolk County, New York, for the resolution of any such dispute and you agree and submit to personal jurisdiction in such courts. In addition, you forever waive any argument or defense based on personal jurisdiction, venue, or forum.
16. Class Action Waiver
In any dispute, neither you nor any other person shall be entitled to join or consolidate claims as a representative of a class or in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.
17. Miscellaneous Terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You may not assign your rights or obligations under this Agreement without our prior written consent and any attempt to do so without such consent will be null and void and given no force or effect. SwiftFOCUS, LLC may assign its rights under this Agreement without condition. These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have between us regarding the Service.
18. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time, without notification. It is your responsibility to review the latest Terms before you use the Service. By continuing to access or use the Service after new Terms become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Service.
19. Contact Us
If you have any questions about these Terms prior to accepting, please contact us at Michael@swiftfocusconsulting.com.