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Terms of Service

Last updated: April 19, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares or voting securities.
  • Company ("the Company", "We", "Us" or "Our") refers to The Swiftest, Inc., 548 Market Street, Suite 82894, San Francisco, CA, 94104.
  • Country refers to: California, United States.
  • Goods refer to the items offered for sale on the Service.
  • Service refers to the Website.
  • Terms and Conditions ("Terms") mean these Terms that form the entire agreement between You and the Company regarding the use of the Service.
  • Website refers to The Swiftest, accessible from https://theswiftest.com/
  • You means the individual or entity accessing or using the Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part, You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your use is also conditioned on Your acceptance of the Company's Privacy Policy.

Placing Orders for Goods

By placing an Order through the Service, You warrant that You are legally capable of entering into binding contracts. You may be asked to supply information including Your name, email, phone number, payment card details, billing address, and shipping information. You represent and warrant that You have the legal right to use any payment method and that the information You supply is true, correct and complete.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for reasons including Goods availability, errors in description or prices, errors in Your Order, or suspected fraud or unauthorized/illegal transactions.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Our Returns Policy. Your right to cancel applies only to Goods returned in the same condition as received, with all instructions, documents and wrappings. We will reimburse You no later than 14 days from the day We receive the returned Goods, using the same means of payment. Certain Goods (personalized, perishable, hygiene-sealed, inseparably mixed, or digital content already begun with consent) are not eligible for cancellation.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings. Goods may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information. We reserve the right to change or update information and to correct errors at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. Prices may be revised after accepting an Order in the event of occurrences affecting delivery beyond Our control, in which case You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made via Visa, MasterCard, Affinity, American Express, or online methods such as PayPal. Payment cards are subject to validation and authorization by Your card issuer.

Subscriptions

Some parts of the Service are available only with a paid Subscription, billed in advance on a recurring basis. Subscriptions automatically renew unless cancelled. You may cancel renewal through Your Account settings or by contacting the Company; You will not receive a refund for fees already paid for the current period but retain access until its end. The Company may modify Subscription fees with reasonable prior notice. Except where required by law, paid fees are non-refundable.

Promotions

Any Promotions made available through the Service may be governed by separate rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. The Company assumes no responsibility for their content, privacy policies, or practices. We strongly advise You to read the terms and privacy policies of any third-party sites You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages You might incur, the entire liability of the Company and its suppliers shall be limited to the amount actually paid by You through the Service, or 100 USD if You haven't purchased anything. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever. Some states do not allow certain limitations, which may not apply to You.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company makes no representation that the Service will be uninterrupted, error-free, or free of harmful components.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company.

United States Legal Compliance

You represent and warrant that You are not located in a country subject to a United States government embargo or designated as "terrorist supporting", and that You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision is held unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions will continue in full force. The failure to exercise a right shall not constitute a waiver of that right.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice. By continuing to use Our Service after revisions become effective, You agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: info@theswiftest.com
  • By visiting our contact page: theswiftest.com/contact
  • By phone: 925-238-6078
  • By mail: 548 Market Street, Suite 82894, San Francisco, CA, 94104
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