Terms of Service
Welcome to switchandsettle.com. These Terms of Service ("Terms") govern your access to and use of the switchandsettle.com website located at switchandsettle.com and all related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
1. Acceptance of Terms
By creating an account, accessing, or using any part of the switchandsettle.com Service available at switchandsettle.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and switchandsettle.com. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.
2. Description of Service
switchandsettle.com, accessible via switchandsettle.com, provides users with a platform for managing transitions and settlements. The Service includes various features and functionalities designed to facilitate user interactions and transactions. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you or any third party.
The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, secure, or error-free. You acknowledge that your use of the Service is at your own risk.
3. User Accounts and Responsibilities
To access certain features of switchandsettle.com, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify switchandsettle.com at switchandsettle.com of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations. You may not use another user's account without permission, and you may not transfer your account to another person without our prior written consent.
4. Acceptable Use Policy
You agree to use the switchandsettle.com Service only for lawful purposes and in accordance with these Terms. You specifically agree not to:
- Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm switchandsettle.com or users of the Service
- Impersonate or attempt to impersonate switchandsettle.com, a switchandsettle.com employee, another user, or any other person or entity
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
- Use any automated system, including robots, spiders, or scrapers, to access the Service without our express written permission
- Engage in any form of harassment, abuse, or harmful behavior toward other users
Violation of this Acceptable Use Policy may result in immediate termination of your account and access to switchandsettle.com, and may subject you to civil and criminal liability.
5. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by switchandsettle.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The switchandsettle.com name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of switchandsettle.com or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. This license does not include any right to: (a) resell or make commercial use of the Service or its contents; (b) modify, reproduce, or create derivative works based on the Service; (c) download or copy account information for the benefit of another merchant; or (d) use any data mining, robots, or similar data gathering or extraction methods.
6. User Content
switchandsettle.com may allow you to submit, upload, publish, or otherwise make available content, including text, images, data, and other materials ("User Content") through the Service at switchandsettle.com. You retain all ownership rights in your User Content, but you grant switchandsettle.com a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and switchandsettle.com's business operations.
You represent and warrant that: (a) you own or have the necessary rights to submit the User Content; (b) your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity; and (c) your User Content does not contain any defamatory, obscene, offensive, or illegal material.
We reserve the right, but are not obligated, to monitor, review, and remove User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. You acknowledge that switchandsettle.com does not pre-screen User Content and that we have no obligation to do so.
7. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWITCH AND SETTLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
switchandsettle.com does not warrant that the Service available at switchandsettle.com will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components. switchandsettle.com does not warrant or make any representations regarding the use or the results of the use of the Service in terms of its correctness, accuracy, reliability, or otherwise.
You acknowledge that your use of the Service is at your sole risk. No advice or information, whether oral or written, obtained by you from switchandsettle.com or through the Service shall create any warranty not expressly stated in these Terms.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWITCH AND SETTLE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWITCH AND SETTLE EXCEED THE AMOUNT YOU PAID TO SWITCH AND SETTLE, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions may not apply to you, and switchandsettle.com's liability will be limited to the maximum extent permitted by law.
9. Indemnification
You agree to defend, indemnify, and hold harmless switchandsettle.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Service
- Your use of the Service at switchandsettle.com, including but not limited to your User Content
- Your violation of any rights of another person or entity
- Your violation of any applicable laws, rules, or regulations
switchandsettle.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with switchandsettle.com in asserting any available defenses.
10. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which switchandsettle.com is headquartered, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the jurisdiction where switchandsettle.com maintains its principal place of business, and the parties hereby consent to personal jurisdiction and venue therein.
You and switchandsettle.com agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and switchandsettle.com waive any right to a jury trial.
12. Changes to Terms
switchandsettle.com reserves the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect through a notice on our website at switchandsettle.com or via email to the address associated with your account. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should discontinue your use immediately.
13. Miscellaneous
These Terms constitute the entire agreement between you and switchandsettle.com regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
14. Contact Information
If you have any questions, concerns, or complaints regarding these Terms of Service or the switchandsettle.com Service, please contact us at:
switchandsettle.com
Website: switchandsettle.com
Please use the contact form available on our website or reach out through the support channels provided within the Service.
We will make reasonable efforts to respond to your inquiries in a timely manner. For legal notices, please send correspondence to the address provided on our website.
Last Updated: 2024