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Please read the following Terms of Service agreement carefully. By accessing or using our site and services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use the site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or services. This Terms of Service agreement is effective as of May 2024.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Swiftly Staffing LLC, also known as Swiftly, located at 11201 N Tatum Blvd Ste 300Phoenix, AZ 85028-6039 US, and our subsidiaries and affiliates, in association with the use of the Swiftly website, which includes swiftlystaff.com, (the "Site") and its Services, which shall be defined below.
This terms of service contains a mandatory arbitration provision, which includes a class action, class arbitration, and jury trial waiver. These provisions require the use of the arbitration to resolve disputes, rather than jury trials or class actions. By accepting these terms, you expressly agree to be bound by and abide by this agreement, including the mandatory arbitration provision and the class action waiver provision.
The Site is swiftlystaff.com, which has the following description:
swiftlystaff.com
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Services LLC. At its discretion, Swiftly Staffing LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Swiftly Staffing LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Swiftly Staffing LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Swiftly Staffing LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Swiftly Staffing LLC may contract work out to accounting and software professionals, attorneys, and/or other professionals for the purpose of calculating refund amounts due to users and/or preparing tax and related documents for the purposes of claiming refunds/credits due to users. To accomplish this, the user understands and agrees that Swiftly Staffing LLC will share the user’s personal and business information with these subcontractors. By submitting personal and business information to Swiftly Staffing LLC, the user agrees that the user has the authority required to provide this information to Swiftly Staffing LLC for the purposes of qualifying for and applying for a tax refund/credit. The user also agrees that the information provided is true and correct to the best of the user’s knowledge. If any information provided is not correct, the user must hold Swiftly Staffing LLC and its employees, officers, and subcontractors, harmless from any damages that may arise as a result of the incorrect information supplied by the user.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
Are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; andAgree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Swiftly Staffing LLC provides a form and email address for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
Your contributions do not contain any type of confidential or proprietary information;
Swiftly Staffing LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
Swiftly Staffing LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
The contributor's Contributions shall automatically become the sole property of Swiftly Staffing LLC; and
Swiftly Staffing LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to insure and hold Swiftly Staffing LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Swiftly Staffing LLC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Swiftly Staffing LLC 's sites.
Swiftly Staffing LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either Swiftly Staffing LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Swiftly Staffing LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Swiftly Staffing LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Swiftly Staffing LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Swiftly Staffing LLC’s Services (e.g. Content or Software), in whole or part.
Swiftly Staffing LLC herein has granted you a personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Swiftly Staffing LLC for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF SWIFTLY STAFFING LLC SITE AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SITE AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SWIFTLY STAFFING LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SWIFTLY STAFFING LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (I) SWIFTLY STAFFING LLC SITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) SWIFTLY STAFFING LLC SITE OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SWIFTLY STAFFING LLC SITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; AND (IV) THAT ANY ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SWIFTLY STAFFING LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SWIFTLY STAFFING LLC OR BY WAY OF OR FROM OUR SITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SWIFTLY STAFFING LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.EXCLUSION AND LIMITATIONSTHERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Swiftly Staffing LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Swiftly Staffing LLC trademarks, copyright, trade name, service marks, and other Swiftly Staffing LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Swiftly Staffing LLC. You herein agree not to display and/or use in any manner the Swiftly Staffing LLC logo or marks without obtaining Swiftly Staffing LLC's prior written consent.
Swiftly Staffing LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Swiftly Staffing LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your intellectual property rights have been violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Swiftly Staffing LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Swiftly Staffing LLC Attn: Copyright Agent
11201 N Tatum Blvd Ste 300, PMB 545854, Phoenix, AZ 85028-6039 US
Email: hello@swiftlystaff.com
This TOS constitutes the entire agreement between you and Swiftly Staffing LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Swiftly Staffing LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Swiftly Staffing LLC Services, affiliate Services, third-party content or third-party software. MANDATORY ARBITRATION: CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND SWIFTLY STAFFING LLC (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US (INCLUDING DISPUTES RELATED TO THIS TERMS OF SERVICE AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AGREE THAT CLASS OR REPRESENTATIVE ARBITRATIONS, AS WELL AS CLASS OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
You agree that you are further waiving your rights to sue or go to court to assert or defend your rights under this Terms of Service Agreement. You agree that the Federal Arbitration Act and federal arbitration governs the interpretation and enforcement of this provision.
For all disputes, whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to:
Swiftly Staffing LLC
11201 N Tatum Blvd Ste 300, PMB 545854
Phoenix, AZ 85028-6039 US
We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your written description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this Terms of Service Agreement.
To start arbitration proceedings, you must send a letter requesting arbitration and describing your claim to us at the address listed above. The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by us, the dispute will be arbitrated by JAMS arbitration services. The arbitrator will use the JAMS Comprehensive Arbitration Rules and Procedures, subject to the JAMS Consumer Arbitration Minimum Standards (collectively, the “JAMS Rules”), unless any such rules are inapplicable to the dispute by their terms or by governing law, or unless we agree to use a different set of rules. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and fee schedule, where applicable, and in such case will be subject to any limitations on the costs and fees owed to you as provided in the JAMS Rules.
The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. An arbitrator may award (on an individual basis) any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
At any time, should Swiftly Staffing LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court or arbiter of competent jurisdiction to be invalid, the parties nevertheless agree that the court or arbiter should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please report any and all violations of this TOS to Swiftly Staffing LLC as follows:
Mailing Address:
Swiftly Staffing LLC
11201 N Tatum Blvd Ste 300, PMB 545854
Phoenix, AZ 85028-6039 US
Email: hello@swiftlystaff.com
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