HowToWriteAResume.net Terms Of Service

Terms of Service Policy last updated September 20, 2008

Please read this Terms of Service Agreement carefully. Your use of the Site (as defined below) constitutes your acceptance of and agreement to this Terms of Service Agreement.ent.

This Terms of Service Agreement (the "Agreement") is between you ("you") and Swish Networks, LLC (“Swish Networks,” "we", "us") concerning your use of the Internet World Wide Web site currently located at http://www.howtowritearesume.net (together with any successor site(s) and all Services (as defined below), the “Site”).

1. Acceptance of Terms. By using the Site and accepting this Agreement, you represent and warrant to Swish Networks that you have the right, authority and capacity to agree to and abide by this Agreement. The Site is made available by Swish Networks subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time at our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
   
   We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
2. Jurisdictional Issues. The Site is controlled and operated by Swish Networks from the the state of Minnesota in the United States, and is not intended to subject Swish Networks to the laws or jurisdiction of any state, country or territory other than that of the United States. Swish Networks does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
3. SPECIAL NOTE REGARDING THE SERVICES: Please note that, as part of the Services, we provide certain specialized services related to the creation of an electronic profile for each individual who registers for the Site and provides resume information and for individuals for whom a resume is provided to the Site. Such profiles include enhanced features determined by Swish Networks (each such electronic profile, together with all of other information, text, data, comments, postings messages, articles and other similar content posted by an individual). Swish Networks will not screen or review any of the information to determine suitability for employment, nor will it consider any of the individuals for employment with Swish Networks. Swish Networks does not act as an agent for any individual submitting his or her resume through the Site and nothing herein creates an employer-employee, agency or other relationship between Swish Networks and such individual. Swish Networks is not, and shall not be, responsible for recruiting, hiring, or any other decisions related to employment with respect to the resumes or any individuals using the Site.
   
   The Site acts as a venue for individuals to create resumes and search for jobs. Swish Networks does not review, screen, edit or monitor the resumes or make any judgments about or selections of resumes or individuals. Swish Networks is not involved in the actual transaction between a potential employer and any individuals through the Site. Therefore, Swish Networks has no control over the resumes or the quality, truth, accuracy, reliability, completeness or timeliness of such resumes, or the ability of a potential employer to offer opportunities to individuals, or the ability of individuals to fill job openings, and Swish Networks makes no representations or warranties about any resume, potential employer or individual.
4. Information Submitted Through the Site. Your submission of information through the Site, including in connection with your creation, modification and/or review of a resume is governed by Swish Networks's Privacy Policy, which is located at http://www.howtowritearesume.net/privacypolicy.aspx (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. You represent and warrant that any and all information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or the Services.
5. Rules of Conduct. While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 17 below.
   
   You agree that you will not:
   • Post, transmit, or otherwise make available, through or in connection with the Site:
     • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
     • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
     • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
     • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
     • Any material, non-public information about a company without the proper authorization to do so.
   • Use the Site for any fraudulent or unlawful purpose.
   • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity.
   • Use the Site to harvest or collect personally identifiable information about other users of the Site, except as authorized hereunder or in a separate agreement between you (or the company with which you are affiliated and on whose behalf you are undertaking such collection) and Swish Networks.
   • Impersonate any person or entity, including without limitation any representative of Swish Networks; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
   • Create a resume that purports to represent anyone that is not you. Examples of inappropriate and prohibited resumes include, but are not limited to, resumes that purport to represent an animal, place, inanimate object, fictional character or real individual that is not you.
   • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
   • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
   • Use the Site to advertise or offer to sell or buy any goods or services, without Swish Networks’ express prior written consent.
   • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
   • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
   • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
   • Frame or mirror any part of the Site without Swish Networks’s express prior written consent.
   • Create a database by systematically downloading and storing Site content.
   • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Swish Networks' express prior written consent.
6. Registration; User Names and Passwords. You will be required to register with Swish Networks in order to access certain Services or areas of the Site. With respect to such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
   
   Your user name and password are for your personal use only, and not for use by any other person, including other members of any organization for which you work or with which you are otherwise affiliated. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined in Section 11 below). You agree to immediately notify Swish Networks of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Forums. We and/or our third-party service provider(s) may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which you are able to post information and materials (each, a “Forum”).
8. Information on the Site. Information made available on the Site or through a Forum (including on any resume) may be provided both by Swish Networks and by third-party visitors to the Site. Please note that Site visitors may post material or make statements on the Site or through a Forum that are inaccurate, misleading or deceptive. Swish Networks neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site or through a Forum by third parties, and Swish Networks is not responsible for any information or materials made available through the Site or through a Forum or results obtained by using any such information or materials. Under no circumstances will Swish Networks or its employees, owner, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site or through a Forum reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Swish Networks.
   
   In addition, Swish Networks has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Site or through a Forum. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE OR THROUGH A FORUM, YOU DO SO AT YOUR OWN RISK.
9. License. For purposes of clarity, you retain ownership of any materials you submit through the Site or through a Forum (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you grant to Swish Networks and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for Swish Networks's business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials you submit on your resumes, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such resume (for example, if you set your resume's privacy setting to private [i.e., only available for viewing by individuals who you directly select], we will use commercially reasonable efforts to ensure that only those individuals have access to your resume).
   
   As noted above, we need this license to provide the Services available through the Site.  For example, without the right to “adapt,” we would be unable to make technical changes to the Submissions so that the Submissions meet our technical criteria, without the right to reproduce, we would be unable to make copies of Submissions on our servers to post the Submissions.  This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our subcontractors to provide Services).
   
   For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
10. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Swish Networks and its employees, pwner, affiliates, agents, representatives, suppliers and members, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
11. Purchases and Premium Services.  The Site may from time to time give you the opportunity to purchase or subscribe to products and premium services on the Site (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement this agreement.
13. Any trial promotion (such as free trial time or trial access to a Premium Service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Premium Service.
     
    Your Payment Responsibilities
    You must select a payment method to pay for your fees for any Premium Service or downloadable products. You must give Swish Networks accurate billing and payment information at time of checkout. You agree to pay Swish Networks for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Swish Networks to charge your designated payment method for these charges. If Swish Networks does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Swish Networks or its operators.
     
    Every time you use a Site Product, you reaffirm that (i) Swish Networks (or its designated vendor acting as Swish Networks's billing agent) is authorized to charge your designated payment method; (ii) Swish Networks may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.
     
    You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.
     
    You must notify Swish Networks's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to Swish Networks's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
     
    Subscription Plans
    Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or Swish Networks otherwise terminates your subscription. Also, under most subscription plans, Swish Networks will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or Swish Networks otherwise terminates your subscription.
     
    Electronic Delivery Policy
    Swish Networks, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY SITE PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM Swish Networks ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that Swish Networks generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to Swish Networks during registration or email(s) provided for contact on resumes you create or (2) Swish Networks may post Notices on a welcoming screen or top page of the relevant Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a computer with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of HowToWriteAResume.net. The delivery of any Notice from Swish Networks is effective when sent by Swish Networks, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
    
    Descriptions and images of, and references to, products or services on the Site do not imply Swish Networks’s endorsement of such products or services. Swish Networks reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site, including any Services, are subject to change without notice. Refunds and exchanges will be subject to Swish Networks’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
14. Swish Networks's Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of Swish Networks and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Swish Networks to access and use the Site, you may download and view one (1) copy of any materials available on the Site to which we provide you access, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices included on or with such materials. Except as expressly authorized herein or in advance by Swish Networks in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
    
    HowToWriteAResume.net, Ultimate Resume Builder, and their respective logos are service marks of Swish Networks. All other trademarks or registered trademarks on the Site belong to their respective owners. The trade names, trademarks and service marks owned by Swish Networks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Swish Networks trade names, trademarks or service marks without our express prior written consent.
15. Links. The Site may provide links to other web sites and online resources. Because Swish Networks has no control over such sites and resources, you acknowledge and agree that Swish Networks is not responsible for the availability of such external sites or resources, and Swish Networks neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Swish Networks does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
    
    YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
    
    Swish Networks shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice.
16. Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. Swish Networks DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
17. Limitations of Liability. Swish Networks WILL NOT BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, Swish Networks WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY Swish Networks OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF Swish Networks FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Swish Networks TO ACCESS AND USE THE SITE AND SERVICES.
    
    While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at our contact form with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
18. Indemnity. You agree to defend, indemnify and hold harmless Swish Networks, Inc. and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
19. Termination. This Agreement is effective until terminated. Swish Networks, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Swish Networks believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Swish Networks may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Swish Networks and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. In the event of a termination of this Agreement, Sections 2, 9, 12, 14 through 19 and 22 shall survive such termination.
20. Binding Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Before you take a dispute to arbitration, you must first contact us by our contact form, and give us an opportunity to attempt to resolve the dispute through discussions with you. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it through discussions with you by contacting you at the most recent address that we have on file for you. In the event that you and we cannot resolve a dispute within sixty (60) days of notification by either party, or in the event that we are unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with us, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the Commonwealth of Virginia. The arbitrator's decision shall be based upon the substantive laws of the Commonwealth of Virginia without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Swish Networks from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Virginia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
21. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Swish Networks. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Swish Networks relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Swish Networks relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, at Swish Networks’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Swish Networks will not be responsible for failures to fulfill any obligations due to causes beyond its control.
22. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Swish Networks does not endorse any of the products or services listed at such sites.
23. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please submit a message here . You may also contact us by writing to 17568 Hackberry Court, Eden Prairie MN 55347, or by calling us at +1-952-288-3947. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
24. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Swish Networks a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Swish Networks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be mailed to: Swish Networks 17568 Hackberry Court, Eden Prairie MN 55347 attn: Joel Carlson, PHone: (952) 288-3947. We suggest that you consult your legal advisor before filing a notice or counter-notice.
25. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to our contact form. Please note that form submissions will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your correspondence with us.