We collect information about you directly from you, from third parties, and automatically through your use of our Services.
Information We Collect Directly from You. We may collect information about you directly from you. For example, in order to create an account, we collect your name, phone number, email address, and password. We also collect any other information that you provide to us through our Services (e.g., if you Contact us through our Site, we will collect your name, email address, and the contents of your message).
Information We Collect Directly from Third Parties. We may collect information about you from third parties. For example, if you log into our Services through a social networking platform, we collect information from that platform. Please note that the information that you provide to third parties directly is subject to those third parties’ own privacy policies; see our Third-Party Collection section below for more.
LinkedIn. If you log into our Services using LinkedIn, you must enter your LinkedIn email address and password. By logging in through LinkedIn, we will receive certain information from LinkedIn, including your name and email address.Google. If you log into our Services using Google, you must enter your Google email address and password. By logging in through Google, we will receive certain information from Google, including your name and email address.
Information We Collect Automatically. We automatically collect information about you through your use of our Services, including, without limitation: domain name, browser type, operating system, web pages you view, links you click, IP address, when and for how long you use our Services, and the webpage that led you to our Services. Please see our Cookies and Other Tracking Mechanisms section below for more information. We may combine information we collect automatically with information we collect directly from you or from third parties.
We use the information that we collect, including personal information and User Content, for the following purposes:
We disclose the information that we collect, including personal information and User Content, as described to you at the time of collection, as consented to by you before disclosure, or as follows:
Cookies. Cookies are alphanumeric identifiers that we transfer to a computer’s hard drive through a web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities while using our Services. Most web browsers automatically accept cookies, but if you prefer, you can edit their browser options to block them in the future. The Help portion of the toolbar on most browsers provides information about how to prevent a computer from accepting new cookies, how to have the browser notify upon receiving a new cookie, or how to disable cookies altogether. Users who disable cookies will be able to browse certain areas of the Services, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on a computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track user activities, help us manage content, and compile statistics about usage of our Services. We and our service providers also use clear GIFs in HTML emails to you, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Our Services do not respond to Do Not Track signals. For more information about Do Not Track signals, please click here. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies).
We have taken steps to help protect the personal information we collect. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to their device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping their log-in and password private.
Correcting or Deleting Personal Information. You may correct or delete the personal information that you provide to us by emailing us at email@example.com. Please note that we may retain certain information about you as required by law or as permitted by law for legitimate business purposes (e.g., in accordance with our record retention policies or to enforce our Terms of Service).
Opting out of Email Communications. We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email or contacting us at the Contact Us information below. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving marketing emails from us, we may still send you non-promotional emails (e.g., to confirm your account or respond to your inquiries).
If you are a California resident you may request from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at the contact information provided below. In your request, please attest to the fact that you are a California resident and provide a current California address for your response.
If you are a data subject in the European Economic Area, you have the right to access, rectify, or erase any personal data we have collected about you through our services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through our services. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, Contact Us and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
Our Services are not targeted to children under thirteen (13) years of age and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.
If you have questions about the privacy aspects of our Services or for further information about our data privacy policies and practices, please contact us at: firstname.lastname@example.org
swizzy (“swizzy”, “WE” OR “US”) TERMS OF SERVICE CONTRACT BETWEEN YOU AND swizzy. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.EXECTABLE.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.EXECTABLE.COM BY swizzy, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). BY USING THIS SITE OR BY CREATING AN ACCOUNT AND CLICKING THE CHECK BOX STATING “I HAVE READ AND AGREE TO THE TERMS OF SERVICE,” YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH EXECTABLE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Swizzy may make changes to the content and Services offered on the Site at any time. Swizzy can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after Swizzy has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to the Swizzy or the Site.
Swizzy provides content through the Site and through the Services that is copyrighted and/or trademarked work of Swizzy or Swizzy's third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Swizzy hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
You can simply view the Site and not use any Services on the Site. You need not register with Swizzy to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register with Swizzy for an account and receive a password.
If you desire to register for an account with Swizzy, you must submit the following information through the account registration page on the Site: full name, email, phone number, your location or the locations in which you do business, if a company, the number of employees, if seeking services, your budget in dollars, title, and industry. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Swizzy in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, Swizzy administrator shall have the right to approve or reject the requested registration, in Swizzy administrator’s sole discretion. If your account is approved by Swizzy administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Swizzy Password”) for the first time you log into your account on the Site to complete the account registration process.
Currently, Swizzy also provides you with the ability to register for an account on the Site using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: LinkedIn, Google + (each, a “Third-Party Site Password”).
You are responsible for maintaining the confidentiality of your Swizzy Password and any Third-Party Site Password (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Swizzy if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes.
By registering for an account with Swizzy, you become a “Member” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Swizzy. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Swizzy. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Swizzy to monitor, police or remove any Submissions or other information submitted by you or any other user.
Swizzy is a trademark of Swizzy in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Swizzy, Copyright © [dates of creation] Swizzy. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Swizzy respects the intellectual property rights of others, and we ask you to do the same. Swizzy may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Swizzy's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit EXECTABLE to locate the material.Information reasonably sufficient to permit EXECTABLE to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Swizzy's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Legal, 311 S. Wacker Dr., #4525, Chicago, Illinois 60606 or at email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Swizzy designated agent that includes all of the following information:
Your physical or electronic signature;Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; andYour name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Swizzy may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.Termination of Repeat Infringers
Swizzy reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Swizzy, and they may include inaccuracies or typographical or other errors.
Swizzy does not warrant the accuracy of timeliness of the Materials contained on this Site. Swizzy has no liability for any errors or omissions in the Materials, whether provided by Swizzy, our licensors or suppliers or other users.
SWIZZY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Swizzy DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
BECAUSE SWIZZY IS NOT INVOLVED IN TRANSACTIONS BETWEEN USERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE SWIZZY (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES
SWIZZY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE OR FROM THE SERVICES OR PRODUCTS PURCHASED FROM OTHER USERS VIA THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIZZY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SWIZZY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
EXECTABLE controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
Please read the following (this “Provision”) carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Swizzy. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Swizzy shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Swizzy” means Swizzy and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Swizzy regarding any aspect of your relationship with Swizzy, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Swizzy's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Swizzy an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Swizzy, Legal, email@example.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Swizzy does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Swizzy may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Swizzy, Legal, firstname.lastname@example.org. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Swizzy through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Swizzy. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Swizzy may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Swizzy may initiate arbitration in either [CLIENT’s U.S. location] or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Swizzy may transfer the arbitration to [CLIENT’s U.S. location] in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Swizzy will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Swizzy as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Swizzy specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Swizzy are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Swizzy might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Swizzy or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Swizzy makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Swizzy to adhere to the language in this Provision if a dispute between us arises.
Swizzy prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Swizzy, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, Illinois state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.
Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Cook County in the State of Illinois. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Swizzy's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Swizzy and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Swizzy about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Swizzy, 311 S. Wacker Dr. #4525 Chicago, IL 60606. If you have a question or complaint regarding the Site or Service, please contact Customer Service at email@example.com. You may also contact us by writing Swizzy, 311 S. Wacker Dr. #4525 Chicago, IL 60606. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact Swizzy for any reason, you can reach us at Legal, firstname.lastname@example.org