Terms of Service
1. Your Agreement with Swiftype
1.1. Your use of the Swiftype service is governed by this Terms of Service Agreement (the "Terms"). "Swiftype" means Swiftype Inc., located at 301 Rhode Island St, #B10, San Francisco, CA, 94103, United States, and its subsidiaries or affiliates involved in providing the Swiftype Service. The “Swiftype Services” means the services Swiftype makes available through this website, including this website, the Swiftype API, the Swiftype Add-ons, and any other software or services offered by Swiftype in connection to any of those.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1.3 You may use the Service only if you can form a binding contract with Swiftype, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the export of data or software. You may not use the Swiftype Services if you are a person barred from receiving the Swiftype Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Swiftype Services. You affirm that you are over the age of 13, as the Swiftype Services are not intended for children under 13 and any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Swiftype.
2. Your Account and Use of the Swiftype Services
2.1 Your Swiftype account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You must provide accurate and complete registration information any time you register to use the Swiftype Services. You are responsible for the security of your passwords and for any use of your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Swiftype immediately. We may maintain different types of accounts for different types of Users. If you open a Swiftype account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
2.2 You may never use another User’s account without permission. Swiftype will not be liable for any losses caused by any unauthorized use of your account.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Swiftype Services by any means other than through the interface that is provided by Swiftype in connection with the Swiftype Services, unless you have been specifically allowed to do so in a separate agreement with Swiftype, or (b) engage in any activity that interferes with or disrupts the Swiftype Services (or the servers and networks which are connected to the Service).
2.4 You may use the Swiftype Services only to develop and run applications on the Swiftype infrastructure. You may not access the Swiftype Services for the purpose of bringing an intellectual property infringement claim against Swiftype or for the purpose of creating a product or service competitive with the Swiftype Services.
2.5 By providing Swiftype your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in the Account Settings screen of your dashbaord. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
3. Service Policies and Privacy
3.1 You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Swiftype servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3.2 We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3.3 You are solely responsible for your interactions with other Swiftype Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Swiftype shall have no liability for your interactions with other Users, or for any User’s action or inaction.
4. Content on the Swiftype Services and Take Down Obligations
4.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Swiftype Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "End User Content." The term End User Content shall specifically exclude the web application that you create using the Swiftype Services and any source code written by you to be used with the Swiftype Services (collectively, "Applications").
4.2 Swiftype reserves the right (but shall have no obligation) to remove any or all End User Content from the Swiftype Services. You agree to immediately take down any End User Content that violates this Agreement, including pursuant to a take down request from Swiftype. In the event that you elect not to comply with a request from Swiftype to take down certain End User Content, Swiftype reserves the right to directly take down such End User Content or to disable Applications.
4.3 In the event that you become aware of any violation of this Agreement by an end User of Applications, you shall immediately terminate such end User's account on your Application. Swiftype reserves the right to disable Applications in response to a violation or suspected violation of this Agreement.
4.4 Some areas of the Service allow you to post content such as profile information, comments, questions, and other content or information (any such materials a you submit, post, display, or otherwise makes available on the Service “Your Content”). We claim no ownership rights over Your Content created by you. Your Content that you create remains yours; however, by sharing Your Content through the Service, you agree to allow others to view, edit, and/or share Your Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in its sole discretion to remove any of Your Content that is shared via the Service.
4.5 You agree not to post Your Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any of Your Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. Swiftype reserves the right, but is not obligated, to reject and/or remove any of Your Content that Swiftype believes, in its sole discretion, violates these provisions. You understand that publishing Your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
4.6 In connection with Your Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the Your Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your Content and Swiftype’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Swiftype may exercise the rights to Your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all of Your Content and other information that you provide to us is truthful and accurate.
Swiftype take no responsibility and assumes no liability for any of Your Content or End User Content posted or sent over the Service. You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of Your Content or End User Content.
4.7 You agree that you are solely responsible for (and that Swiftype has no responsibility to you or to any third party for) the Application or any of Your Content that you create, transmit or display while using the Swiftype Services and for the consequences of your actions (including any loss or damage which Swiftype may suffer) by doing so.
4.8 You agree that Swiftype has no responsibility or liability for the deletion or failure to store any of Your Content or End User Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any of Your Content.
4.9 By posting any of Your Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Swiftype a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such of Your Content and your name, voice, and/or likeness as contained in Your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Swiftype’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display and perform such of Your Content as permitted through the functionality of the Service and under this Agreement.
5. Proprietary Rights
5.1 You acknowledge and agree that Swiftype (or Swiftype's licensors) own all legal right, title and interest in and to the Swiftype Services, including any intellectual property rights which subsist in the Swiftype Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights. Except as expressly provided herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any aspect of Swiftype Services whatsoever. Use of the Swiftype Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
5.2 You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Swiftype under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Swiftype does not waive any rights to use similar or related ideas previously known to Swiftype, or developed by its employees, or obtained from sources other than you.
6. License from Swiftype and Restrictions
6.1 Swiftype gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Swiftype as part of the Swiftype Services as provided to you by Swiftype. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Swiftype Services as provided by Swiftype, in the manner permitted by the Terms.
6.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Swiftype Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Swiftype, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Swiftype Services or any applications running on the Swiftype Services.
6.3 Open source software licenses for components of the Swiftype Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Swiftype for the use of the components of the Swiftype Services released under an open source license.
7. License from You
7.1 Swiftype claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Swiftype Services you give Swiftype a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Swiftype to provide you with the Swiftype Services. Furthermore, by creating an Application through use of the Swiftype Services, you give Swiftype a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Swiftype to provide you with the Swiftype Services.
8. Modification and Termination of the Swiftype Services
8.1 Swiftype is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Swiftype Services which Swiftype provides may change from time to time without prior notice to you. Changes to the form and nature of the Swiftype Services will be effective with respect to all versions of the Swiftype Services; examples of changes to the form and nature of the Swiftype Services include without limitation security patches, added functionality, and other enhancements.
8.2 You agree that Swiftype, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Swiftype Services may be without prior notice, and you agree that Swiftype will not be liable to you or any third party for such termination.
8.3 You are solely responsible for exporting your Content and Application(s) from the Swiftype Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
8.4 Upon any termination of the Swiftype Services or your account these Terms will also terminate, but Sections 5.1, 8, 9, 10, 11, 16 and 17 shall continue to be effective after these Terms are terminated.
9. EXCLUSION OF WARRANTIES
9.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 12, SHALL EXCLUDE OR LIMIT SWIFTYPE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SWIFTYPE SERVICE IS AT YOUR SOLE RISK AND THAT THE SWIFTYPE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
9.3 SWIFTYPE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SWIFTYPE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SWIFTYPE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SWIFTYPE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SWIFTYPE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SWIFTYPE SERVICES WILL BE ACCURATE.
9.4 SWIFTYPE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SWIFTYPE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SWIFTYPE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10. LIMITATION OF LIABILITY
10.1 SUBJECT TO SECTION 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWIFTYPE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
10.2 THE LIMITATIONS ON SWIFTYPE'S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT SWIFTYPE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11.1 You agree to hold harmless and indemnify Swiftype, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Swiftype and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Swiftype Services, (c) your violation of applicable laws, rules or regulations in connection with the Swiftype Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Swiftype will provide you with written notice of such claim, suit or action.
12. Copyright Policy
12.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices") with respect to End User Content.
12.2 Since we respect artist and content owner rights, it is Swiftype’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
12.3 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Swiftype’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Swiftype to contact you, such as your address, telephone number, and, e-mail address;
- 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 owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Address: 301 Rhode Island St. #B10
San Francisco, CA 94103
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Swiftype and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Swiftype’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
12.4 In accordance with the DMCA and other applicable law, Swiftype has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Swiftype may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. Other Content
13.1 The Swiftype Services may include hyperlinks to other web sites or content or resources or email content. Swiftype may have no control over any web sites or resources which are provided by companies or persons other than Swiftype.
13.2 You acknowledge and agree that Swiftype is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that Swiftype is not liable for any loss or damage which may be incurred by you or your end Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14. Changes to the Terms
14.1 Swiftype may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
14.2 You understand and agree that if you use the Swiftype Services after the date on which the Terms have changed, Swiftype will treat your use as acceptance of the updated Terms.
15. Paid Services
15.1 Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Swiftype may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
15.2 You may cancel your Swiftype account at any time; however, there are no refunds for cancellation. In the event that Swiftype suspends or terminates your account for your breach of this Agreement, you understand and agree that you shall receive no refund for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
15.3 Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
16. Governing Law
16.1 You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Swiftype, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
16.2 For any dispute with Swiftype, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Swiftype has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Swiftype claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Swiftype agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SWIFTYPE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17. General Legal Terms
17.1 The Terms constitute the whole legal agreement between you and Swiftype and govern your use of the Swiftype Services (but excluding any services which Swiftype may provide to you under a separate written agreement), and completely replace any prior agreements between you and Swiftype in relation to the Swiftype Services.
17.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
17.3 If Swiftype provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
17.4 You agree that Swiftype may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Swiftype Services. By providing Swiftype your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
17.5 You agree that if Swiftype does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Swiftype has the benefit of under any applicable law), this will not be taken to be a formal waiver of Swiftype's rights and that those rights or remedies will still be available to Swiftype.
17.6 Swiftype shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
17.7 Swiftype uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Users’ personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Users’ personal information for improper purposes. Any personal information provided to the Service is done so at the risk of the User.
17.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Swiftype Services upon written notice to the assigning party.