{"id":1157,"date":"2022-06-09T14:47:16","date_gmt":"2022-06-09T14:47:16","guid":{"rendered":"https:\/\/www.swetspot.ai\/?page_id=1157"},"modified":"2022-06-09T21:43:54","modified_gmt":"2022-06-09T21:43:54","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/www.swetspot.ai\/terms-conditions\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"1157\" class=\"elementor elementor-1157\" data-elementor-settings=\"{&quot;ha_cmc_init_switcher&quot;:&quot;no&quot;}\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-65570bf elementor-section-height-min-height elementor-section-boxed elementor-section-height-default elementor-section-items-middle\" data-id=\"65570bf\" data-element_type=\"section\" data-settings=\"{&quot;_ha_eqh_enable&quot;:false}\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-5743062\" data-id=\"5743062\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-a049e09 elementor-widget elementor-widget-heading\" data-id=\"a049e09\" data-element_type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h2 class=\"elementor-heading-title elementor-size-default\">Sw\u0113tspot Terms and Conditions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-f18cc1f elementor-widget elementor-widget-text-editor\" data-id=\"f18cc1f\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p><strong>1. Acceptance of Terms<\/strong><br \/>The software (the \u201cSite\u201d) has been provided by Sw\u0113tspot a Florida Limited Liability Company (hereinafter \u201cSw\u0113tspot\u201d) to any person or entity that accesses, browses, or otherwise uses the Site, either manually or via an automated device or program (hereinafter \u201cUser\u201d or \u201cUsers\u201d).\u00a0\u00a0The Site is subject to User acceptance of the following Terms of Use (\u201cAgreement\u201d) which may be updated by Sw\u0113tspot from time to time. By becoming a User of the Site, User agrees to be bound by all terms of this Agreement. If User has any questions about this Agreement, please contact Sw\u0113tspot at help@Sw\u0113tspot.ai before using this Site.<\/p><p>\u200d<br \/><strong>2. Description of Services<\/strong><br \/>Sw\u0113tspot is an Internet networking service provider, utilizing web-based software, where people such as business owners, marketing professionals and group members can organize their groups, perform marketing functions, and manage corporate operations. As described above, anyone who takes advantage of the aforementioned software in any way, form, or fashion, shall be considered a User for purposes of this Agreement.<\/p><p>\u200d<br \/><strong>3. Conditions of Use<\/strong><br \/>If a User chooses to register on the Site, such User must provide certain personally identifiable information, including but not limited to, name, address, and email address, (collectively \u201cRegistration Information\u201d). Providing false Registration Information on the Site constitutes a material breach of this Agreement, to which Sw\u0113tspot may immediately terminate User\u2019s access to the Site.\u00a0\u00a0If a User is registered through the use of a proxy, a league manager, or a team captain, that particular representative expressly represents that he, she, or it has the proper authority and permission to register such player or User on the Site.\u00a0\u00a0Any false or misrepresentation of authority is cause for immediate termination of access to the Site.<\/p><p>Sw\u0113tspot license is not transferable to a third party over a public exchange. Sw\u0113tspot and subsidiary product subscriptions can only be sold by Sw\u0113tspot. An Sw\u0113tspot account is transferable within the original company or under certain acquisition circumstances with permission from Sw\u0113tspot. Any transfer of an Sw\u0113tspot account to a new entity is subject to adjustment to current published pricing and training\/setup programs.<\/p><p>\u200d<br \/><strong>4. No Endorsement of Content or Businesses<\/strong><br \/>Sw\u0113tspot makes no representations, warranties, or endorsements, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Site, regardless of who posted such content or when it was posted or for what purpose it was posted.\u00a0 Sw\u0113tspot does not control the quality, safety, truth or accuracy of the content that is posted on the Site and makes no representation thereof. Sw\u0113tspot shall have no obligation to review the Site\u2019s content and User understands this. All content provided by Users of the Site is the sole responsibility of the User, not Sw\u0113tspot. User understands that by making any use of the Site whatsoever, User may be exposed to content that is inaccurate, misleading, or content that User may otherwise find objectionable. User hereby agrees that User shall evaluate and assume all risks and liability associated with the use of any content, and that under no circumstances will Sw\u0113tspot or any of its affiliates, be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.<\/p><p>\u200d<br \/><strong>5. Acceptable and Lawful Use of Site<\/strong><br \/>Any Registration Information, computer information, or other information User provides to Sw\u0113tspot in connection with User\u2019s use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses of any kind, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party\u2019s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another\u2019s privacy, or harm minors in any way; (f) shall not create liability for Sw\u0113tspot or cause Sw\u0113tspot to lose (in whole or in part) the software products or Sw\u0113tspot\u2019 suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. Sw\u0113tspot reserves the right to deny access to our networks to any organizations or individuals who violate any of the above conditions. Users shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. Sw\u0113tspot reserves the right to report any wrongdoing, if Sw\u0113tspot becomes aware of it, to the applicable government agencies.\u00a0\u00a0If User breaches any provision of this paragraph, Sw\u0113tspot may not only immediately terminate User\u2019s access to the Site, but User agrees that Sw\u0113tspot shall bring any and all legal action against User allowed within the law for such tortious conduct.<\/p><p>\u200d<br \/><strong>6. Acceptable and Lawful Use of Software<\/strong><br \/>Any use, reproduction, redistribution of any products by User, software or otherwise, that are not in accordance with the intended use of the Site, are expressly prohibited by this Agreement, the law, and can result in severe civil and criminal penalties. Sw\u0113tspot may, at its sole discretion, prosecute violators to the maximum extent of the law.<br \/>ANY COPYING, DISTRIBUTION, REPRODUCTION, REDISTRIBUTION, OR FURTHER REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, OTHER SERVER, OUTSIDE PARTY, ENTITY, OR PERSON, IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF Sw\u0113tspot.<br \/>Sw\u0113tspot complies with the EU-US Privacy Shield Framework (https:\/\/privacyshield.gov) as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.\u00a0\u00a0Sw\u0113tspot has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.\u00a0\u00a0If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.\u00a0\u00a0To learn more about the Privacy Shield program, and to view our certification page, please visit www.commerce.gov\/privacyshield<br \/>All users of Sw\u0113tspot and the Software agree to uphold the principles set by the EU-US Privacy Shield Framework.\u00a0\u00a0Use of the Sw\u0113tspot platform certifies that the user agrees to and takes responsibility for protecting any data gathered about citizens of the European Economic Area (EEA) in accordance with the EU-US Privacy Shield Framework.\u00a0\u00a0Users accept liability for protecting and limiting distribution of data gathered to be in compliance with the EU-US Privacy Shield Framework.<\/p><p>\u200d<br \/><strong>7. License Granted<\/strong><br \/>User grants Sw\u0113tspot a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in the Registration Information provided to Sw\u0113tspot by User, in any media, whether now known, or hereafter to become known.\u00a0\u00a0Sw\u0113tspot may only use Registration Information in accordance with its Privacy Policy.\u00a0\u00a0Users may find the Sw\u0113tspot Privacy Policy at http:\/\/admdusa.com\/privacy\/.<\/p><p>\u200d<br \/><strong>8. Relationship<\/strong><br \/>No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created or in fact created by this Agreement between User and Sw\u0113tspot. This Agreement is between the User and Sw\u0113tspot and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between User and any third party, User understands and agrees that Sw\u0113tspot shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release Sw\u0113tspot\u2019 officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and\/or services. Users shall also fully indemnify Sw\u0113tspot its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorney\u2019s fees.\u00a0\u00a0<\/p><p>\u200d<br \/><strong>9. Posting on Sw\u0113tspot<\/strong><br \/>User represents and warrants that User completely owns or otherwise has full lawful rights and control over all of the rights to the content to which User has posted or will post, or use, and such content is of an accurate nature. Sw\u0113tspot reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, in any media worldwide if it contains or features any content Sw\u0113tspot in its sole discretion, deems inappropriate. With respect to content User submits or make available for inclusion on the Site, (\u201cContent\u201d), User grants Sw\u0113tspot a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that Sw\u0113tspot its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide. Data collected, distributed, and used is still protected by our privacy policy, and we will not share your data with third parties without your permission.<\/p><p>\u200d<br \/><strong>10. Security<\/strong><br \/>Sw\u0113tspot utilizes reasonably secure servers to protect Users Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify Sw\u0113tspot in writing of any unauthorized use of User\u2019s own account. Anyone deemed a proxy, in charge of another User\u2019s account, a league manager, or a team captain, agrees to refrain from disclosing Registration Information to third parties, unless written consent from Sw\u0113tspot is obtained prior to such information being disclosed.<\/p><p>Privacy Statement; Email<br \/>Users have read and understand the terms of our Privacy Statement more fully described at http:\/\/admdusa.com\/privacy\/ which is hereby incorporated into this Agreement by reference as (Exhibit \u201cA\u201d). Users acknowledge that the Site may link to other sites on the World Wide Web which may not controlled by Sw\u0113tspot and that the collection of Sw\u0113tspot\u2019 data by these other sites may be outside the scope of Sw\u0113tspot\u2019 control. Sw\u0113tspot reserves the right to monitor a User\u2019s use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from Sw\u0113tspot in connection with the use of the Site and software, including without limitation newsletters, notifications by league managers, captains and other players and reminders of events, event schedules and attendance.<\/p><p>\u200d<br \/><strong>12. System Integrity<\/strong><br \/>Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of Sw\u0113tspot. Consent shall not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email or Spam. Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of Sw\u0113tspot. Information on the Site is frequently updated and is proprietary or is licensed to Sw\u0113tspot. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Sw\u0113tspot web site without the prior expressed written permission of Sw\u0113tspot and the appropriate third party.<\/p><p>\u200d<br \/><strong>13. System Outages<\/strong><br \/>Sw\u0113tspot periodically scheduled system downtime for maintenance and other purposes. Unplanned system outages also may occur. Sw\u0113tspot shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.<\/p><p>\u200d<br \/><strong>14. No Warranty<\/strong><br \/>Sw\u0113tspot provides this web site and the software products \u201cas is\u201d and without any warranty or condition, express, implied or statutory. Sw\u0113tspot specifically disclaims, and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Users assume total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites.<br \/>Sw\u0113tspot makes no warranty that the site will meet User\u2019s specific requirements or expectations, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from Sw\u0113tspot shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.<\/p><p>\u200d<br \/><strong>15. Other Limitations of Liability<\/strong><br \/>Sw\u0113tspot\u2019 parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party\u2019s negligence or whether such party knew or should have known of the possibility of such damages. If any court of competent jurisdiction strikes the above clause down for whatever reason, Sw\u0113tspot\u2019 liability shall still be limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at User\u2019s discretion and risk and that User\u2019s will be solely responsible for any loss or damage to User\u2019s computer system or loss of data that may result in the download or upload of any material. Sw\u0113tspot neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of Sw\u0113tspot our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.<\/p><p>\u200d<br \/><strong>16. Indemnification<\/strong><br \/>User shall indemnify, defend and hold harmless Sw\u0113tspot\u2019 parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys\u2019 fees and costs) resulting from User\u2019s use of the Site or software products provided hereunder by Sw\u0113tspot and Visitor\u2019s or User\u2019s breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.<\/p><p>\u200d<br \/><strong>17. Notices<\/strong><br \/>Notices to User and Sw\u0113tspot shall be by email or sent via certified mail, return receipt requested. Email to Sw\u0113tspot shall be sent to info@admd.us.\u00a0\u00a0Email Notices sent to Users within the USA shall be sent to the email address contained in User\u2019s Registration Information.\u00a0\u00a0US Mail to User shall be sent to the address User provides.\u00a0\u00a0If User fails to provide such an address, then Sw\u0113tspot shall not be under an obligation to locate or sent US Mail. User is responsible for keeping the User\u2019s Registration Information current. Sw\u0113tspot shall not be responsible for User\u2019s failure to receive notice if User\u2019s Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after the email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing support@admd.us or by updating their account information online.<\/p><p>\u200d<br \/><strong>18. Electronic Signatures<\/strong><br \/>Any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by User.<\/p><p>\u200d<br \/><strong>19. Governing Law and Choice of Forum<\/strong><br \/>This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys\u2019 fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the courts of Pinellas County Florida, the Parties consent to the jurisdiction thereof.<\/p><p>\u200d<br \/><strong>20. Miscellaneous<\/strong><br \/>In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of the Parties, at any time or times, to require performance of any provision hereof shall in no manner affect Party\u2019s right at a later time to enforce such provision. No delay or failure of Sw\u0113tspot\u2019 right in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between the Parties, pertaining to the subject matter hereof. User understands and accepts that Sw\u0113tspot in its sole discretion, may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting notice on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. User shall regularly review the Agreement that is posted at http:\/\/www.admdusa.com\/terms.html. Sw\u0113tspot may, at any time, assign its rights or delegate its obligations hereunder without notice to User. No person or entity not an express Party to this Agreement is intended to be a beneficiary of this Agreement, and no person or entity, not expressly made a Party to this Agreement, shall have any right to enforce any terms of this Agreement.<\/p><p>\u200d<br \/><strong>21. Inquiries<\/strong><br \/>The Site is offered by Sw\u0113tspot. Anyone wishing a copy of this Agreement may obtain such by emailing support@admd.us. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to Sw\u0113tspot.<\/p><p>\u200d<br \/><strong>22. No Spam<\/strong><br \/>User shall not send unsolicited bulk email (spam). All Users are required to accept and adhere to Sw\u0113tspot\u2019 anti-spam policy (attached hereto as (Exhibit \u201cB\u201d) and incorporated by reference).\u00a0\u00a0This policy also applies to using Sw\u0113tspot\u2019 network to send SMS text messages.<br \/>Additional Terms for Account Owners<br \/>If a User signs up for a paid Sw\u0113tspot subscription or account, that User shall be deemed an \u201cAccount Owner\u201d and the following additional terms and conditions shall also apply to such User.\u00a0\u00a0Such Account Owner may have contacts in his or her account that may use the Site to make payments to the Account Owner for events, such as meetings, practices, event fees, sports equipment or other fees or costs relating to the group or team.<\/p><p>\u200d<br \/>1. Monthly Membership Fee for Account Owners<br \/>The charge to an Account Owner for the \u2018Premium Account Membership\u2019 shall be charged on the Account Owner\u2019s credit card at the end of each 30-day cycle after Account Owner\u2019s initial subscription date.<\/p><p>\u200d<br \/>2. Additional Benefits<br \/>Sw\u0113tspot offers additional benefits to the Account Owner (paying subscribers). These benefits include, but are not limited to, more flexible emailing tools, faster contact import functions, and processing of payments for events and seasons. Sw\u0113tspot shall in no way be involved in the transaction between buyers and sellers.\u00a0\u00a0Any dispute between the buyer and the seller shall not involve Sw\u0113tspot. Account Owners shall therefore indemnify Sw\u0113tspot fully for any costs, fees, including attorney\u2019s fees Sw\u0113tspot may have to pay in defending itself in defending itself against a buyer or a seller.<\/p><p>\u200d<br \/>3. Items Sold via the Store<br \/>Account Owner waives any guaranty or warranty obtained regarding the quality, safety or legality of items advertised, any complaints regarding the accuracy of content or listings, including disputes or complaints regarding the description of items, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction to the fullest extent allowable under the law.<\/p><p>\u200d<br \/>4. Transfer of Items Sold via the Store<br \/>Sw\u0113tspot does not transfer legal ownership of items from the seller to the buyer. Nothing in this Agreement shall modify the provisions of California Commercial Code Section 2401(2) which provides in pertinent part \u201cUnless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading.\u201d<br \/>\u200d<\/p><p>Transaction Fees<br \/>Depending on your subscription with Sw\u0113tspot, you may have transaction fees associated with selling items on your storefront or for event registration.\u00a0This will be found on your Account Settings page when you are logged in to your Sw\u0113tspot account.\u00a0If transaction fees apply to the account subscription, Account Owner agrees that Sw\u0113tspot charges a transaction fee for payments made through the Site by players to Account Owners and payments made through the Store by any buyer. Such transaction fee(s) shall be charged on Account Owners credit card at the end of each month. By signing up for the premium account, Account Owner expressly authorizes Sw\u0113tspot to automatically process all such fees by credit card at the end of each month. All transaction fees shall be non-refundable. The fee charged by Sw\u0113tspot shall be in addition to any transactional fees paid to PayPal, Stripe, or Authorize.net. PayPal, Stripe and Authorize.net are third party vendors which provide on-line payment services.<br \/>\u200d<br \/>Restriction on Use of the Store<br \/>While using the Store, Account Owner shall not:<br \/>Violate any laws or third party rights; Use the Store if you are not able to form legally binding contracts or are under the age of 18; Fail to deliver items purchased from Account Owner, unless the buyer fails to meet agreed upon terms; Intentionally, accidentally, or negligently circumvent or manipulate Sw\u0113tspot\u2019 fee structure, billing process or fees owed to Sw\u0113tspot Transfer Account Owner\u2019s account and User Identification to another person or entity without Sw\u0113tspot\u2019 express written consent; Offer to sell or sell any of the following prohibited items: Adult content and sexually oriented materials including child pornography; Agricultural compounds including fertilizers; Alcoholic beverages including beer, wine, spirit, and liquor; Animals, fish, plants, and wildlife products; Cigarette, cigar, tobacco, or nicotine products; Copyrighted items and content which breach any copyright or other intellectual property rights; Counterfeit items including, coins, currency, and stamps; Drug paraphernalia and narcotics; Firearms, fireworks, ammunition, pyrotechnics, and explosives; Government-issued identification documents including passport, driver license, police badge and insignia; Human bodies or body parts and bodily fluids; Illegal telecommunication or electronic equipment such as satellite, digital, cable Law enforcement and military items prohibited by federal and state law; Lottery and raffle tickets, sweepstakes, pyramid schemes, manufacturer coupons, multiple level marketing programs, etc.; Mailing lists, personal information, e-mail addresses, or URL\u2019s; Meat, livestock and poultry; Medicine, medical devices, and health-related supplements; Weapons such as pepper spray, switchblade knives, ninja stars, or concealed weapons; Products recalled by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturers; Real estate; Slot machines and gambling equipment; Stocks, bonds, and securities of companies; Non-transferrable travel packages and offers including vouchers, airplane tickets, train tickets, and timeshare properties; and Any other item that violates any applicable federal, state or local law or regulation or which Sw\u0113tspot determines, in its sole discretion, is inappropriate for sale through the Store.\u00a0If Account Owner does violate this provision, Sw\u0113tspot shall be able to immediately terminate Account Owner\u2019s account, and recover any and all fees, costs and expenses incurred from such actions, including attorney\u2019s fees.<\/p><p>\u200d<br \/>7. Abuse and Misuse of Store<br \/>Sw\u0113tspot may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Account Owners\u2019 use of the Store. Account Owner expressly agrees that Sw\u0113tspot may access Account Owner\u2019s account and records at Sw\u0113tspot\u2019 sole discretion to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized use of the Website. Sw\u0113tspot reserves the right to terminate Account Owner\u2019s account or Account Owner\u2019s access to the Store immediately, with or without notice to Account Owner, if Sw\u0113tspot believes Account Owner has violated any of the Terms of Use, furnished Sw\u0113tspot with false or misleading information, or interfered with use of the Store by others. All determinations are final and are made at Sw\u0113tspot\u2019 sole discretion. By agreeing to these Terms of Use, Account Owner agrees to participate in investigations and be bound by Sw\u0113tspot\u2019 determinations. If Sw\u0113tspot in its sole discretion, determines that a violation of this Agreement has occurred, or if Sw\u0113tspot believes that Account Owner\u2019s actions may cause legal liability for Account Owner, Sw\u0113tspot\u2019 other users or\u00a0\u00a0Sw\u0113tspot itself, Sw\u0113tspot may, on its own choosing, take actions or pursue legal remedies that it believes are necessary or prudent, including, but not limited or required to, issuing a warning, filing a complaint, deleting any listings, advertisements or offending material from the Site, suspending or canceling Account Owner\u2019s account, releasing user information, filing a report with the appropriate authorities and\/or excluding any person(s) who may have violated any terms of this Agreement.<\/p><p>\u200d<br \/>8. Termination<br \/>Sw\u0113tspot may terminate Account Owner\u2019s account and services at any time upon notice to Account Owner. Sw\u0113tspot may also but has no duty, to immediately terminate its services, terminate Account Owner\u2019s access and password, and\/or remove any content. Upon termination, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing. Termination by Account Owner requires 30 days advance written notice to Sw\u0113tspot upon the completion of 6 months of the 12-month term. The written notice must be emailed to support@admd.us and the subject line must state \u201c30 Day Termination Notice\u201d.<\/p><p>\u200d<br \/>9. Limitation of Liability<br \/>Sw\u0113tspot provides the Store \u201cas is\u201d and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, Sw\u0113tspot specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Account Owners assume total responsibility and risk for use of the Store. Sw\u0113tspot cannot guarantee continuous or secure access to its services and operation of the Store may be interfered with by factors outside of its control. Sw\u0113tspot shall not be liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of Account Owners use of the Store or Sw\u0113tspot\u2019 services.<\/p><p>Additional Terms for Members of Groups<br \/>A User who signs up as a member of a group on the Sw\u0113tspot site shall be deemed a \u201cMember\u201d.\u00a0\u00a0Members of groups may have additional benefits provided to them. There are no additional monthly fees charged to group members.<\/p><p>\u200d<br \/>1. Transaction Fees<br \/>User, Member and Account Holder agree that PayPal, Stripe and\/or Sw\u0113tspot charge fees for payments made through the Site. Such transaction fee(s) are in addition to event and season fees. By providing your billing information through the Sw\u0113tspot and PayPal or Stripe payment systems, User, Member and Account Holders expressly authorize PayPal, Stripe and Sw\u0113tspot to automatically process all such fees. All transaction fees are non-refundable. PayPal and Stipe are third-party vendors which provides on-line payment services.<\/p><p>\u200d<br \/>2. Limitation of Liability<br \/>Sw\u0113tspot assumes no risk of liability in connection with these transactions, and any disputes shall be handled directly between the parties and not involve Sw\u0113tspot whatsoever.<\/p><p>Additional Terms for Sponsors<br \/>Individuals, companies, and other entities may choose to sponsor an Sw\u0113tspot group or company (hereinafter \u201cSponsors\u201d). Sponsors and their sponsorships are displayed on the group Website, at the discretion of the group organizer. Some accounts provide an online mechanism for a third party to become a Sponsor directly through the group Website.<\/p><p>\u200d<br \/>1. Transaction Fees<br \/>Users, Members and Account Holders agree that PayPal, Stripe, Authorize.net, and Sw\u0113tspot charge fees for payments made through the Site by Sponsors to Account Owners. Such transaction fee(s) are in addition to sponsorship fees charged by the Account Owner. By providing User, Member, or Account Holder billing information through the Sw\u0113tspot and PayPal, Stripe and Authorize.net payment systems, Sw\u0113tspot is expressly authorized to automatically process all such fees. All transaction fees are non-refundable. PayPal, Stripe, and Authorize.net are third party vendors which provide on-line payment services.<\/p><p>\u200d<br \/>2. Limitation of Liability<br \/>Sw\u0113tspot assumes no risk of liability in connection with the transactions between Sponsors and Account Owners, and any dispute between a Sponsor and an Account Owner shall be handled directly between the Sponsor and Account Owner.<br \/>Exhibit A<\/p><p>\u200d<\/p><p><strong>ADMD Privacy Policy<\/strong><\/p><p>General<br \/>Sw\u0113tspot is committed to protecting the privacy of any person or entity that uses, or makes use of its services, products, or system (\u201cUser\u201d or \u201cUsers\u201d). This privacy policy (hereinafter \u201cPolicy\u201d) explains when and how personal information is collected, used, disclosed and protected with respect to the Sw\u0113tspot\u2019 web site located at www.admdusa.com (the \u201cSite\u201d). By using the Site, the User fully understands and consents to the privacy practices described in this Policy, as reasonably modified from time to time by Sw\u0113tspot. User has carefully reviewed this Policy in order to fully understand the Sw\u0113tspot data privacy practices.<\/p><p>\u200d<br \/>2. Personal Information<br \/>Personal Information shall be defined, but not limited to, as information that is specifically identifiable to a unique individual, information such as a name, address, individual\u2019s telephone number, e-mail address, account number, information about an individual\u2019s activities if directly linked to that person (hereinafter \u201cPersonal Information\u201d).\u00a0\u00a0Personal Information also includes, but shall not be limited to, demographic information, such as date of birth, one\u2019s gender, geographic area, and personal preferences if such information can identifiable and unique.<\/p><p>\u200d<br \/>3. Personal Information We Collect<br \/>Sw\u0113tspot collects Personal Information from Users in a number of ways, examples of such are: when Users visit the Sw\u0113tspot site, Sw\u0113tspot collects Personal Information when Users: (1) register and set up an account; or (2) contact Sw\u0113tspot by e-mail for any reason.\u00a0\u00a0When Users visit the Sw\u0113tspot web site, some information is also automatically collected, such as the Users computer\u2019s Internet Protocol (\u201cIP\u201d) address, Users computer\u2019s operating system, the browser type, the address of a referring web site, and the time and date of Users visit and purchases. Sw\u0113tspot treats this information as Personal Information if it is combined with or linked to any of the identifying information mentioned above.\u00a0\u00a0While these may be some examples of how Sw\u0113tspot can gather and obtain User Personal Information, User shall not consider this to be an exhaustive list.<\/p><p>\u200d<br \/>4. How We Use Personal Information<br \/>Sw\u0113tspot uses Personal Information to process User requests and provide Users with services, to inform Users about other products, to provide Users with products and\/or services Sw\u0113tspot believes may be of interest to the User. When Sw\u0113tspot uses User Personal Information in its own marketing efforts, Sw\u0113tspot provides Users with options and do not disclose the User\u2019s Personal Information to third parties, except as described in this Policy. Personal Information provided online may be linked together or merged with other Personal Information so that Sw\u0113tspot may better understand User needs and inform Users about Sw\u0113tspot products or services. Sw\u0113tspot also uses User Personal Information to send Users informational e-mails, including without limitation to newsletters, notifications by account owners, project managers, forum moderators, league managers, group members, and reminders of event schedules and attendance.<\/p><p>\u200d<br \/>5. Emails<br \/>If Users send emails through the Sw\u0113tspot site, the User must understand that the email will include email address and any personal message included. Due to the nature of the e-mail being sent from the Sw\u0113tspot site, these emails are not private communications and therefore are not confidential. Sw\u0113tspot has no responsibility to keep such information confidential if User sends emails through the Sw\u0113tspot site.\u00a0\u00a0User shall not use the Site or any software provided through the Site to send spam or content that violates this agreement or any other User agreement.<\/p><p>\u200d<br \/>6. Security<br \/>Sw\u0113tspot has put security measures into place in an effort to protect User\u2019s Personal Information while such information is under Sw\u0113tspot control. All Personal Information relating to Users are stored in a reasonably secure environment, separate from the Site. User\u2019s account information is accessible online only through the use of a confidential password. To protect the confidentiality of Personal Information, User must keep its password confidential and not disclose it to any other person. User is solely responsible for all uses of the Site by any person using User password. User shall advise Sw\u0113tspot immediately if User believes its password has been misused or improperly obtained.<\/p><p>\u200d<br \/>7. Control of Personal Information<br \/>Sw\u0113tspot gives the User the opportunity to opt-out of receiving communications from Sw\u0113tspot and to view, correct, or delete User\u2019s own Personal Information. Sw\u0113tspot does not sell, rent, or share Personal Information with third parties without User\u2019s prior consent, except in the limited circumstances, such circumstances described in this Policy. Sw\u0113tspot may share Personal Information with third-party vendors who assist Sw\u0113tspot in performing functions necessary to operate Sw\u0113tspot\u2019 own business. These functions may include, but are not limited to, website hosting, credit card transaction processing, and data entry. Sw\u0113tspot limits User Personal Information shared with Sw\u0113tspot third-party vendors to that which Sw\u0113tspot believes is necessary to carry out those functions. In addition, Sw\u0113tspot may disclose Personal Information in the good faith belief that Sw\u0113tspot are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of Sw\u0113tspot its users, its employees or the public. Information about Sw\u0113tspot Users, including Personal Information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.<\/p><p>\u200d<br \/>8. Cookies, IP Addresses and URLs<br \/>Automatically Collected Information: Sw\u0113tspot automatically receives certain types of Personal Information whenever a User interacts with Sw\u0113tspot. For example, when a User visits the Site, Sw\u0113tspot automatically collects the User IP address and the type of browser the User uses. Information may be automatically collected through the use of a term called \u201ccookies.\u201d Sw\u0113tspot also collects various types of information called \u2018clickstream information\u2019, which is information about Users browsing behavior, such as IP address information, entry and exit points for the Site, search terms, web site addresses User visits, page views, and impressions. Cookies are also collected.\u00a0\u00a0Cookies are small text files placed on Users hard drive by a web site when Users visit a particular website. These files identify a User\u2019s computer and record a User\u2019s preferences and other data about a User\u2019s visit so that when the User returns to the site, the site knows who the User is, and can personalize the User visit. Most browsers automatically accept cookies as the default setting. Users can modify the setting to reject cookies or to prompt Users before accepting a cookie from the sites User visit by editing browser options. Sw\u0113tspot may place or recognize a unique cookie on Users browser to enable Users to receive customized content or services. Any cookies made available to shopping carts or other tracking information sent to third parties will reflect only de-identified demographic or other data linked to data Users have voluntarily submitted to Sw\u0113tspot will be encrypted, and will not be used to identify Users individually. If Users decide not to accept Sw\u0113tspot cookies, Users will still be able to access those parts of the Sw\u0113tspot site available to the general public, but Users may not be able to login or use the site\u2019s features or services, and Users may have a less satisfactory experience.<\/p><p>\u200d<br \/>9. Links to Other Web Sites<br \/>The Sw\u0113tspot Site may contain links to other web sites. Any Personal Information User provides on the linked pages is provided directly to that third party and is subject to that third party\u2019s privacy policy. Except as described above, Sw\u0113tspot is not responsible for the content or privacy and security practices and policies of web sites to which Sw\u0113tspot links. Links from Sw\u0113tspot\u2019 Site to third parties or to other sites are provided for User convenience. Sw\u0113tspot encourages Users to learn about their privacy and security practices and policies before providing them with Personal Information.<\/p><p>\u200d<br \/>10. Policy Changes<br \/>Sw\u0113tspot reserves the right to change or alter this Policy at any time. Sw\u0113tspot may use User Personal Information for new, unanticipated uses not previously disclosed in this Policy. Sw\u0113tspot encourages Users to email info@admd.us periodically if the User is concerned about how the Users Personal Information is used or for a copy of our potentially updated policy or view the policy at our website at\u00a0http:\/\/Sw\u0113tspot.ai\/privacy\/.<\/p><p>\u00a0<\/p><p><br \/>Sw\u0113tspot interim DPO:<\/p><p>Marvina Case<\/p><p>To request your data or to Schedule a time to speak, please contact:<\/p><p>info@Sw\u0113tspot.ai<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Sw\u0113tspot Terms and Conditions 1. Acceptance of TermsThe software (the \u201cSite\u201d) has been provided by Sw\u0113tspot a Florida Limited Liability Company (hereinafter \u201cSw\u0113tspot\u201d) to any person or entity that accesses, browses, or otherwise uses the Site, either manually or via an automated device or program (hereinafter \u201cUser\u201d or \u201cUsers\u201d).\u00a0\u00a0The Site is subject to User acceptance [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1157","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.swetspot.ai\/wp-json\/wp\/v2\/pages\/1157","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.swetspot.ai\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.swetspot.ai\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.swetspot.ai\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.swetspot.ai\/wp-json\/wp\/v2\/comments?post=1157"}],"version-history":[{"count":0,"href":"https:\/\/www.swetspot.ai\/wp-json\/wp\/v2\/pages\/1157\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.swetspot.ai\/wp-json\/wp\/v2\/media?parent=1157"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}