Terms of Services

This Use and Access Policy, together with the Privacy Policy, Data Processing Addendum, Cookie Policy, Billing Policy, and Accessibility Policy (collectively, “Terms of Service”) govern the relationship between Risk Warrior Enterprises, LLC (d/b/a Swankey) (“we” or “Swankey”) and anyone who uses or has access to, or attempts to use or gain access to any application, functionality, or digital asset owned, provided by or otherwise affiliated with or disseminated by Swankey on or through https://www.Swankey.com (“Website”). In case of conflict, the Terms of Service supersede any past or contemporary communications between you and Swankey.

The Terms of Service apply regardless of the device, service or method used to access the Website, and extend to any geographic location in which the Website is accessed. The Terms of Service define the legally binding terms for your use of and access to the Website, its services, features, content, and assets (“Services”).

Acceptance of Terms
At all times, you are solely responsible for reviewing and confirming that the Terms of Service are in compliance with all laws, rules and regulations applicable to you. The Website is offered and available to users who are 13 years of age or older, and by accessing and using the Services, you represent and warrant that you are at least 13 years of age

By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you have read, understood, and agree to the Terms of Service and all other operating rules, policies and procedures defined by Swankey or common law. If you do not want to agree to these Terms of Service you must not access or use the Website.

Account Creation
To use portions of the Services, you must sign up with the Website, thereby becoming a “User” and creating an “Account”. Information provided during the registration process must be complete and accurate.

You shall not: a) create an account with the intent to impersonate another user or person; b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of Swankey; c) use any part of the Services to harass another individual or entity.

You are solely responsible for all activity performed on your Account. It is your responsibility to protect the security of your Account’s password. In the event of a security breach or suspected security breach, you must provide notice to Swankey without delay.

You may not access the Services in an attempt to (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without Swankey’s written consent, (b) directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by Swankey or corresponding laws and regulations; (c) alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services; or (e) use the Services in any harmful or illegal manner or interfere with any party’s use or enjoyment of the Services. You agree to immediately cease use of the Services at Swankey’s request.

Content
“Content” refers to and includes any data, image, text, style, pattern, document, asset, feature or functionality used on or affiliated with Swankey and the Services whether created, uploaded or otherwise employed by Swankey, its Users or affiliates. Swankey makes no warranties as to the availability or accuracy of the Content. Swankey further makes no warranties as to the compliance of the Content with any copyright claims, laws, rules or regulations

You acknowledge and agree that all Content generated or accessed by you is at your sole discretion, and you will be responsible or liable for any damages, losses or penalties associated with its use. If you provide Content that you generated and that is posted on the Website, you hereby grant Swankey a perpetual, royalty-free, exclusive, non-transferable, non-sublicensable, worldwide license to publicly display and use the Content. You shall not upload, submit or otherwise employ Content that (1) infringes any copyright, trademark, servicemark, patent, trade secret, or other regulation, law or policy or (2) that in any impersonates another person or entity or (3) is false, inaccurate, or misleading or (4) otherwise deemed inappropriate, improper, vulgar, defamatory, libelous or damaging at the sole discretion of Swankey.

Swankey reserves the right to view, download, read, save or otherwise employ all Content in line with Swankey’s Privacy Policy and subject to the Data Processing Addendum (“DPA”) except as specifically prohibited by laws governing the use of the Content.

All Content collected, stored or employed by Swankey, except where otherwise noted or inapplicable due to the laws and regulations governing that Content, is the sole property of Swankey. Swankey may use Content generated by you including but not limited to text, images, logos, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations.

Swankey does not warrant that any Content will be made available or remain available. Swankey makes no guarantee that it will monitor the Content or the Services and has no obligation to do so. Swankey reserves the right to remove, disable or delete any Content without warning, notice or explanation.

Content specifically generated by or specifically employed by Swankey, its partners or affiliates may be governed and protected by copyrights, patents, trademarks or other restrictions. You agree to use the Services in compliance with any such restrictions. You may not sell, license or otherwise financially profit from the use of any of the Content or the Services except as expressly authorized by Swankey. Further, you may not use or exploit any content owned by or restricted by a third party entity.

Swankey reserves the right to limit, prevent access to, remove, or permanently delete all Content. Swankey may remove any Content without notice or explanation that it deems to be in violation of these Terms of Service, offensive, infringing, derogatory, or libelous.

Without limiting the foregoing responsibilities of the User, Swankey may monitor use of the Website to determine compliance with this agreement. Swankey may remove or refuse your Content for any reason.

Swankey may, at any time at its sole discretion, refuse to offer the Services to any User, individual or entity without notice, including, but limited to, entities with a paid for (“Upgraded”) account and a free accounts. Swankey may delete or otherwise disable any User’s account without notice or explanation.

Privacy
Swankey’s Privacy Policy describes how Swankey uses your personal information and other individuals’ personal information (“Contact’s Personal Information” or “CPI”) provided by you (collectively, “Personal Information”). You are responsible for providing your Contacts with a copy of the Swankey Privacy Policy.

You and we shall each comply with our obligations under all applicable data protection laws. In addition, where you are a Business & Nonprofit customer and where you are subject to the GDPR and/or UK GDPR, the Swankey Data Processing Addendum (“DPA”) is incorporated into these Terms of Service by reference and shall apply in respect of our processing of any Customer Personal Data (as defined in the DPA).

Third-Party Services
Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. Swankey makes no warranties as to the ability to integrate with, availability, reliability, functionality or other facet of any third party or integration point. You understand and agree that any third party services are out of Swankey’s control, and Swankey is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.

Important Disclaimers
Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. Swankey disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Swankey does not make any representations about the location, safety, or quality of the Users or Services.
By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, Swankey disclaims any warranty that:·
* The Services will be uninterrupted or error-free, or that defects will be corrected;·
* The Website and the server[s] that make[s] the Services available are free of viruses or other harmful components; or·
* The Content is accurate, complete, or free of typographical errors.

The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by Swankey, and you agree not to make any claim against Swankey relating to the purchase of these products or services.

Limitation on Liability and Filing
To the fullest extent provided by law, in no event will the collective liability of Swankey and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount you have paid to Swankey for the applicable Service in the last 12 months out of which liability arose.

Any cause of action or claim you may have arising out of or relating to these Terms of Service, the Services, or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Indemnification
To the maximum extent permitted by law, you shall indemnify Swankey, its subsidiaries, affiliates, licensors, service providers, content providers, employees, managers, agents, officers, directors, from all third-party liabilities, claims, and expenses, including reasonable attorneys’ and experts’ fees and costs, that may arise from or be associated with your use or misuse of the Services or Content or your breach of any representation or obligation in these Terms of Service. Swankey reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

Miscellaneous
1. The Terms of Service constitutes the sole and entire agreement between you and Swankey regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

2. The failure of Swankey to enforce any part of the Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of the Terms of Service. If any provision of the Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

3. The Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Swankey’s prior express written consent. Swankey may assign, transfer or delegate any of its rights and obligations hereunder without consent or notification.

Governing Law; Jurisdiction; Jury Waiver
All matters relating to the Services and the Terms of Service shall be governed by and construed in accordance with the laws of the State of Connecticut, except its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of the Services and the Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New Haven County, Connecticut.You acknowledge and agree that you and Swankey are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Swankey otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Changes to Terms of Service
We may revise and update the Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.

All provisions of the Terms of Service which by their nature should survive cancellation of your account shall survive, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability.