Website Terms and Conditions

SWAY GROUP TERMS OF USE

The following terms (“Terms of Use”) constitute an agreement between Sway Group LLC, an Illinois limited liability company (“Sway”), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to all websites administered by Sway (“Websites”), which include, but are not limited to:

  • http://swaygroupllc.com/
  • http://www.thesitsgirls.com/
  • http://massivesway.force.com/

Your use of the Sway Websites constitutes your acceptance of, and agreement to the following Terms of Use. Sway reserves the right to modify, alter, amend or update its Websites, policies and these Terms of Use at any time in Sway’s sole discretion. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.

Privacy
Our Privacy Policy is available for review and acceptance of the Privacy Policy is incorporated herein as part of the Terms of Use.

Registration & Restricted Access
Access to certain areas of the Websites may be restricted. Sway reserves the right to restrict areas of the Websites at its sole discretion.

Some restricted areas of the Websites may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a user name and password. You agree to keep your username and password confidential. If you suspect your password has been compromised, you must notify Sway immediately at swaylegal@swaygroupllc.com. Sway will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Sway or other third parties for any losses incurred due to such unauthorized use.

Sway may disable your username and password at its sole discretion.

Sway reserves the right to modify methods for registration and access levels of registered users from time to time.

Our Privacy Policy provides details on the type of information collected and the uses of such information.

Use of the Websites
Unless otherwise stated, Sway owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Websites, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Websites;
  • Reproduction or duplication of any content on the Websites for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution.

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Sway’s intellectual property rights. Such use is a limited license to republish the content, with full credit to Sway.

You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without Sway’s express written permission.

You must not use the Websites to transmit or send any unsolicited commercial communications.

You must not use the Websites for any third-party marketing without Sway’s express written permission.

Copyright
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by Sway or third parties and are protected by United States and international copyright laws.

Trademarks
Secret to Success is Support is a registered trademark of Sway and Sway, Massive Sway, Bloggy Boot Camp, and Women Get Social are unregistered service marks of Sway and are protected by United States trademark law. Sway’s trademarks, servicemarks and trade dress may not be used in connection with any product or service that is not Sway’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Sway.

From time to time, the Websites will legally utilize trademarks owned by third parties related to Sway’s services. These trademarks are the respective property of their owners.

Grant of Rights
You grant Sway a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant Sway the right to sub-license these rights and the right to bring an action for infringement of these rights.

Prohibited Content
Any content you contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Sway or a third party. Sway reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Sway’s servers; or, (iii) hosted or published on the Websites. Sway takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Sway’s rights under the Terms of Use, Sway does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.

Communication – Electronic Notice
If you send Sway an email, register to use the Websites or provide your email to Sway in any other way, you consent to receive communications from Sway electronically. You agree that all legal notices provided via electronic means from Sway satisfy any requirement for written notice.

Third Parties
The Websites contain links to Third Party websites that are not governed or controlled by Sway. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. Sway assumes no control or liability over the content of any third-party sites. You expressly hold harmless Sway from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Websites, you expressly hold Sway harmless from any and all liability in any dispute.

No Warranties
The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Sway makes no representations or warranties in relation to the Websites or the information and materials provided therein.

Sway makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Sway is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites.

Limitation of Liability
SWAY WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Legal Disclaimer
From time to time, the Websites may discuss topics of a legal nature. This information is not advice and should not be treated as legal advice. The legal information provided on the Websites is provided “as is” without any representations or warranties, express or implied. Sway makes no representations or warranties in relation to the legal information on the Websites.

You must not rely on the information on the Websites as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information on the Websites. You should never delay seeking legal advice, disregard legal advice or discontinue legal services as a result of any information provided on the Websites.

Medical Disclaimer
From time to time, the Websites may discuss topics related to health, fitness, nutrition or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Websites is provided “as is” without any representations or warranties, express or implied. Sway makes no representations or warranties in relation to the medical information on the Websites.

You must not rely on the information on the Websites as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment as a result of any information provided on the Websites.

Indemnity
You agree to defend, indemnify and hold Sway, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Sway suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Miscellaneous
The Terms of Use will be governed and construed in accordance with the laws of the State of Illinois. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Chicago, Illinois. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. if a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Sway’s prior written consent, however, the Terms of Use may be assigned by Sway in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by Sway. All notices with respect to the Terms of Use must be in writing and may be via email to swaylegal@swaygroupllc.com for Sway and to your email address.

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