SWIM's Easy Website Builder AgreementLast Revised: 20/4/2020
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Websites + Marketing Agreement (this “Agreement”) is entered into by and between seekermanage.com, LLC, a limited liability company ("SWIM") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of SWIM’s Websites + Marketing services (“Websites + Marketing” or the “Services”), and represents the entire agreement between you and SWIM concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) SWIM’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Websites + Marketing landing page of the SWIM website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to SWIM. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Unless otherwise specifically provided in this Agreement, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) SWIM, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, SWIM may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. SWIM assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Websites + Marketing. SWIM Websites + Marketing is a cloud-hosted tool that enables you to design, create, build, market and/or promote (services available vary based on the specific service plan selected) an online presence for your specific objectives by integrating website, hosting, security, social media presence, online storefront, online appointments, email marketing, digital marketing and/or other capabilities all within the tool and packaged offering. Except as noted in the Exceptions and Limitations section of this Agreement, your use of the Services is subject to the terms of this Agreement.
SWIM Social. SWIM Social Services aim to provide you with both a team and the technology to improve your social media presence. The SWIM Social Services plans may include the following features: social profile optimization; review responses; custom posts to social media; branded email campaigns; and reporting and insights. The exact features available to you are dependent upon plan purchased.
- Social Profile Optimization will create or upgrade all of your social media pages, with unlimited periodic updates to keep your business relevant and up-to-date. This may include a professional photo shoot for your business to create a portfolio of professionally shot and edited photos to use across your social media sites.
- Unlimited Review Responses will track reviews about your business on Google, Yelp and Facebook and will respond to every review, whether positive or negative. You can even chose to review and approve every response before we post them. Additionally, we monitor for reviews that violate the guidelines of Yelp, Google or Facebook and flag those reviews for you.
- Custom Posts to Social Media will create a unique marketing plan with your input and then execute with custom posts on Facebook, Instagram, and Twitter. Custom posts may also include on-demand social media campaigns related to a time-sensitive special, promotion or event that your business is running. The number of posts per week vary based on the subscription Services plan.
- Branded Email Campaigns includes our team designing branded email campaigns for promotions, event updates, or any type of special offering to send to your subscriber list.
- Reporting and Insights will give you the ability to track data on every piece of content we publish and how consumers engage with the content. This data is shared with you through performance review kits.
Digital Marketing Suite Digital Marketing Suite plans include email marketing features and a dashboard that allows you to connect your business site to various social media platforms, such as Google, Facebook or Instagram, allowing you to post, update profiles, and respond to customer reviews from one place. The plans also include search engine optimization to optimize your site for web searches.
With SWIM Websites + Marketing, you have the option to create, manage and maintain an online storefront and/or online appointments, which allows you to:
- add, access, manage and maintain a catalog of products and/or services and present said catalog on the Internet through a compiled storefront or appointments listing rendered as a domain (web site) or sub-domain;
- engage in the selling of services, physical, and downloadable goods over the Internet;
- arrange for the collection of payment related to applicable tax and shipping fees;
- collect credit card and personal information for the purpose of conducting transactions;
- schedule online appointments and sync calendars from multiple platforms;
- perform order management and processing activities; or
- generate business reports related to Storefront business activity
Storefront and Appointment Content
You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. You affirmatively acknowledge SWIM is relying on Your representation concerning Your proper use of all content on any web site You create or control.
Availability of Storefront and Appointment Services
Subject to the terms and conditions of this Agreement, SWIM shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SWIM may undertake from time to time; or (iii) causes beyond the control of SWIM or which are not reasonably foreseeable by SWIM, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that SWIM has no control over the availability of the Services on a continuous or uninterrupted basis.
You agree the performance of Your website may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree SWIM has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category.
End Customer Payment and Taxes
You understand You are responsible for collecting, and managing all end customer payments. Similarly, You are responsible for the payment of all applicable state, federal or international taxes on products You sell using the Services. It is Your responsibility to read, enter into, and agree to all End User License Agreements required for use of Your selected Payment Methods and Tax options. SWIM is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of Your items to purchasers internationally.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on SWIM's servers; and (iv) ensure the confidentiality of Your password. SWIM's servers and hosting services are not an archive and SWIM shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify SWIM, whereupon SWIM shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. SWIM will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by SWIM or another party due to someone else using Your account or password.
Sample Terms and Conditions
Sample Terms and Conditions are provided for reference purposes only. SWIM is not responsible for Your use of the sample terms and conditions -- You use them at Your own risk. The default terms and conditions provided through the Terms and Conditions page can be used with the following disclaimer: The descriptions and suggestions are not legal, tax or financial advice. SWIM does not guarantee the legality of any phrasing or provisions offered or derived from these descriptions and suggestions. You should consult with an attorney to ensure Your terms and conditions are sufficient to meet Your needs, appropriate for Your jurisdiction and are legally binding on Your customers.
With your purchase of SWIM Websites + Marketing Guide Plan, you will be contacted by one of SWIM’s dedicated guides to help you develop, manage and grow your online presence. When signing up for the Websites + Marketing Guided plan, your Guide will provide (at minimum) one - 45 minute appointment per quarter, and at maximum 6 scheduled 45 minute appointments per 12 month period. We strive toward providing Services that meet your expectations. However, we do not guarantee the performance of your website or that your expectations will be met if requests are unreasonable or unable to be completed within the scope of the Services. Our completion of the Services depends upon your participation. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to participate in scheduled 1-1 calls.
Proprietary Rights “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “ SWIM Content” means any Content created or licensed by SWIM (including, without limitation, Content created for you or with your input). “Customer Content” means any Content that Account holders (including you) provide to be made available through the Services.
SWIM does not claim any ownership rights in any Customer Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your Customer Content. Subject to the foregoing, SWIM and its licensors exclusively own all right, title and interest in and to the Services and SWIM Content, including all associated intellectual property rights. You acknowledge that the Services and SWIM Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content Granted by You. By making any Customer Content available through Services you hereby grant to SWIM a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your Customer Content in connection with operating and providing the Services and Content to you and your authorized account holders. You are solely responsible for all your Customer Content. You represent and warrant that you own all your Customer Content or you have all rights that are necessary to grant us the license rights in your Customer Content under this Agreement. You also represent and warrant that neither your Customer Content, nor your use and provision of your Customer Content to be made available through the Services, nor any use of your Customer Content by SWIM on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable.
You can remove your Customer Content by contacting us and requesting that it be deleted. However, in certain instances, some of your Customer Content (including, without limitation, posts or comments that have been made) may not be completely removed and copies of your Customer Content may continue to exist on the Services in archive or backup form. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Customer Content.
Photographs, Videos and Recordings. To the extent you request that we photograph, film and/or record you, we may do so and any such photos, videos or recordings will be considered SWIM Content and will be owned exclusively by SWIM. To the extent such photos, videos or recordings contain any third party’s name, image, likeness or voice, you represent and warrant that you will obtain all necessary permissions and releases from such third party. In the event you wish to use such photos, videos or recordings in connection with your business outside of the Services, upon your request, we may choose to grant you a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and display certain of those photos, videos, or recordings subject to the payment of a fee.
Rights in Content Granted by SWIM. Subject to your compliance with these Terms, SWIM grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the SWIM Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
DMCA/Copyright Policy. SWIM MSH Inc. respects copyright law and expects its users to do the same. Please see SWIM MSH Inc.’s Copyright and IP Policy at www.mainstreethub.com/copyright-policy/, for further information.
Access Rights. As part of the Services, you may choose to allow SWIM to manage third-party profiles, applications or websites on your behalf (“Third-Party Services”) using usernames and passwords that you provide to log in to the Third-Party Services (such information comprising a “Third-Party Login”). You hereby grant SWIM the right to (1) create, access and manage the Third-Party Services in your name using SWIM Content, Customer Content and publicly available information; (2) post, at SWIM’s discretion, Customer Content or SWIM Content to the Third-Party Services in your name, including but not limited to Content that mentions, discusses, or promotes third parties; (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the Third-Party Services; (4) host, using the resources of SWIM or its affiliates, the Third-Party Services, to the extent necessary to provide the Services; and (5) use and store Third-Party Logins to accomplish any of the foregoing. YOU ACKNOWLEDGE AND AGREE THAT WHEN SWIM IS CREATING, ACCESSING AND MANAGING THE THIRD-PARTY SERVICES, SWIM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE THIRD-PARTY SERVICES. Your access to the Third-Party Services is governed solely by the agreement between you and the operator of the Third-Party Services. Upon termination of your use of SWIMs services, you retain the right to access and control the Third-Party Services not hosted by SWIM or its affiliates, as well as Customer Content. At any time, including upon termination of your use of Services, SWIM may delete, disable, alter, remove, retain, or otherwise dispose of the Third-Party Services, if any, hosted by SWIM or its affiliates.
Limits on Content. You acknowledge and agree that:
Your use of the Services, including any Customer Content you submit, will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any Customer Content or any non-public or personally identifiable information about any person or entity without their express prior written consent.
You will not use the Services in a manner (as determined by SWIM in its sole and absolute discretion) that: is illegal, or promotes or encourages illegal activity; promotes, encourages or engages in child pornography or the exploitation of children; promotes, encourages or engages in terrorism, violence against people, animals, or property; promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking; infringes on the intellectual property rights of any other person or entity; violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; interferes with the operation of the Services; contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or contains false or deceptive language, or unsubstantiated or comparative claims, regarding SWIM or SWIMs Services.
You will not modify or alter any part of the Services or any of its related technologies.
You will not access SWIM Content or Customer Content through any technology or means other than through the Services, or as SWIM may designate.
You agree to accept as a risk the loss of any and all of your Customer Content.
Further, you will not: attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SWIM MSH Inc. or other generally available third-party web browsers; use the Services or resell SWIM Content, or any portion thereof, or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; collect or store any personally identifiable information from the Services from other users of the Services without their express permission; impersonate or misrepresent your affiliation with any person or entity; or encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO REMOVE OR DISABLE ACCESS TO ANY CONTENT, AT ANY TIME AND WITHOUT NOTICE, IF WE, AT OUR SOLE DISCRETION, CONSIDER ANY CONTENT TO BE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS. WE HAVE THE RIGHT TO INVESTIGATE VIOLATIONS OF THESE TERMS OR CONDUCT THAT AFFECTS THE SERVICES. WE MAY ALSO CONSULT AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES TO PROSECUTE USERS WHO VIOLATE THE LAW.
Refunds and Cancellations. You can cancel SWIM Social at any time. However, you must cancel more than 48 hours in advance of your next billing date in order for the cancellation to be effective for that billing period. If you cancel within 48 hours of your billing date, your cancellation will be effective the next billing period and you will not be refunded the cost of that billing period.
With SWIM Websites + Marketing, you have access to a Facebook page designer (the “Facebook Page Designer”) that allows you to create customized Facebook pages designed to complement your website. The number of Facebook pages allowed varies depending on your Services plan, and is in addition to the number of site pages included with your Services plan.
In order to use the Facebook Page Designer, you will need to (i) set up a Facebook account (if you do not have one already) and (ii) activate a public page from within your Facebook account. After you finish designing your Facebook pages, you will need to link the Facebook pages to your Facebook account in order for the Facebook pages to be navigable. Please note that your Facebook pages will be built on the same hosting account (and accessible via the same control panel) as your website. Accordingly, at least one page of your website must be published before your Facebook pages can be published.
If you access the Facebook Page Designer, you specifically acknowledge and agree that:
You shall not use it to launch a Facebook page that promotes, provides content referencing, facilitates, contains, or uses any of the following:
Alcohol-related content, or sale of tobacco products, ammunition and/or firearms;
- Content that infringes upon the rights of any third party, including intellectual property rights, privacy, publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
- Gambling, including without limitation, any online casino, sports books, bingo or poker;
- Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters (if you run, reference, or facilitate a legally permissible sweepstakes, contest, or other promotion you are subject to Facebook's Promotions Guidelines located here); or
Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You must ensure that you own or have secured all rights necessary to copy, display, distribute, deliver, render and publicly perform all content of or within your application to Facebook users in all countries where you make the content available.
Starter Website Built for You is a free service add-on with your purchase of SWIM’s Websites + Marketing for a subscription term of one year or greater (“Starter Website”). This is a limited offer, subject to change at any time with or without notice, and is valid only for 30 days from the time of your initial subscription purchase. You agree to be transferred to or contacted by a SWIM website specialist to help you build a Starter Website, which includes a 30-minute interview with a website specialist to get to know you and your business goals. Services also include up to 45-minutes copy-writing for up to five pages of Starter Website, and a permitted custom domain that is free for the first year only from time of purchasing Websites + Marketing. Services for your Starter Website are deemed complete upon completion of the interview, copy-writing, and site build of up to five pages. If agreed during your website specialist interview, and with your consent, we will publish your Starter Website on a specified domain once Services are complete. We strive toward providing Services that meet your expectations. However, we do not guarantee the performance of your Starter Website or that your expectations will be met if requests are unreasonable or unable to be completed within the scope of the Services. Services do not support replication of any existing website, and any custom assets must be provided by you and will be used where suitable. Edits or revisions to the Starter Website are not included. Our completion of the Services depends upon your participation. We are not responsible for delays caused by your lack of or untimely response, including your failure to participate in the scheduled 30-minute interview.
The websites created using Services are built on and integrated with SWIMs hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Agreement.
Except for the content provided by you, the websites created using Services belong to SWIM, and all such websites (including all copies thereof) are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. SWIM grants you an unrestricted license in the website for the duration of your Services subscription. Cancellation of your Services subscription for any reason terminates your license to the website thereafter. You agree to prevent any unauthorized copying of the websites created using Services. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. SWIM reserves all rights not expressly granted herein.
By uploading content for your website, you grant SWIM an unrestricted license (i) to use the content for the purpose of including in your website, and (ii) to display screenshots of any website created using Services, in marketing materials, or in other manners as determined by SWIM in its sole and absolute discretion. In addition, you represent and warrant to SWIM that (a) you have all necessary rights to distribute such content, either because you are the author of the content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the content, and (b) you do not violate the rights of any third party. As used herein, “content” shall include without limitation any text, software, widgets, applications, scripts, source code, API, photographs, illustrations, images, graphics, sounds, music, audio, video and interactive features (and the trademarks, service marks and logos contained therein). You acknowledge and agree that content you upload into Services may be immediately available. Content provided may also be cached for up to one year and deleting content from Services does not remove cached versions of the content.
You will be provided the option to bundle the Services with other products and services we offer, such as (i) Domain Name Registration Services, (ii) Domain Name Proxy Services, (iii) Microsoft Office, and/or (iv) other products and services that may be offered for bundling from time to time. In such case, your purchase of SWIM Website Builder will also be subject to the terms and conditions of the bundled product(s) or service(s), the applicable agreement(s) for which will be provided to you in the shopping cart at the time of checkout.
Websites + Marketing Digital Marketing Suite Websites + Marketing Digital Marketing Suite offers you the option to utilize only the available marketing tools of the Services, which includes search engine optimization, email marketing, and Facebook page creation and updates (subject to Section 4 above). Websites + Marketing Digital Marketing Suite does not include the ability to create and host a website (including Online Store/Online Appointments), SSL Certificates, and Get Found services. Such services may be added at a later time, subject to the terms and conditions of this Agreement. Free Trial option (see section immediately below) is not available for Websites + Marketing Digital Marketing Suite. are not applicable.
TLDs. You acknowledge and agree that your website will be subject to any and all content (or other) restrictions specific to the top level domain (“TLD”) with which it is associated. Only the SWIM Websites + Marketing account associated with the TLD in question will be affected by such limitations.
Coming Soon Pages. SWIM Websites + Marketing offers a “Coming Soon Page” option for customers who are not yet ready to build their website. You acknowledge and agree that if you select the “Coming Soon Page” option, you will have a more limited selection of design and color combinations than those available in the SWIM Websites + Marketing template library.
Obligation to Maintain Subscription. Provision of Services is dependent upon your active subscription to (and payment for) Websites + Marketing. Failure to maintain your subscription at any time will result in termination of Services. Recurring billing for your Services plan will begin on the date of purchase. Fees paid for Services are not transferable to other Websites + Marketing accounts (or other SWIM accounts) other than the account initially associated with Services on the date of purchase.
Termination of Expiration of Services.If SWIM terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. SWIM has no obligation to monitor Your use of the Service, but reserves the right in its sole discretion to do so. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers.
- W+M FREE TRIAL. The W+M Free Trial ("Free Trial") is an opportunity for you to use the Service free of charge for any specified term, beginning on the date that you accept the Free Trial offer. The Free Trial will expire at the end of the specified trial period, regardless of whether or not you use the Service during the Free Trial period.
We may withdraw or modify the Free Trial, or exchange the W+M Service or offer for a similar service or offer, at any time, in our sole discretion. You will be charged then-current rates for the Product if we determine that you are not eligible for the Free Trial.
Upon expiration of the Free Trial, you will not be charged and the W+M Service will not renew. However, if you were asked to add, confirm or volunteered to include a future payment method during or at the end of your Free Trial, the W+M Service will automatically renew at its then-current renewal price with no further action from you, until cancelled. You may cancel the Free Trial or the automatic renewal of the W+M Service at any time prior to the end of the Free Trial by visiting your account and turning off the auto-renewal feature, or by contacting customer service. If you choose to cancel Free Trial, any content or data you have entered into the service will only be retained for 60 days from the date of cancellation for customers with billing addresses in non-GDPR countries or 30 days from the date of cancellation for customers with billing addresses in GDPR countries.
Where a Free Trial is renewed, whether as a paid monthly plan or annual plan, you may request a full refund in accordance with our Refund Policy.
Residents of certain countries may not be eligible to participate in a Free Trial offer.
- W+M Free Website. The W+M Free Website (“Free Website”) is an opportunity for you to use the W+M Service with a limited set of features without cost, beginning on the date that you accept the Free Website offer. The Free Website will not expire and will renew on a monthly basis without charging you.
We may withdraw or modify the Free Website, or exchange the W+M Service or offer for a similar service or offer, at any time, in our sole discretion. You will be charged then-current rates for the Product if we determine that you are not eligible for the Free Website.
Not all features available in the W+M Service are included in the Free Website. Should you choose to add additional W+M features or services to your Free Website, it will convert to a paid plan that will automatically renew at the then-current renewal price with no further action from you, until cancelled. You may cancel the automatic renewal of the Free Website or the converted paid plan at any time by visiting your account and turning off the auto-renewal feature, or by contacting customer service. If you choose to cancel Free Website, any content or data you have entered into the service will only be retained for 60 days from the date of cancellation for customers with billing addresses in non-GDPR countries or 30 days from the date of cancellation for customers with billing addresses in GDPR countries.
Where a Free Website is renewed, whether as a paid monthly plan or annual plan, you may request a full refund in accordance with our Refund Policy.
Residents of certain countries may not be eligible to participate in a Free Website offer.
- Definitions and Scope. As part of SWIM Websites + Marketing, SWIM Social or other related services, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of these Images and Software may be subject to additional terms.
If the Images and Software are accompanied by or require a license agreement from the third-party provider, your use of the Images and Software is subject to that license agreement, in addition to (not in lieu of) this Services Agreement.
- Terms and Conditions Applicable to all Images/Software. You may use the Images and Software solely as part of Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images and Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images and Software.
SWIM may provide your personal information to third-party providers as required to provide the third-party Images and Software, including, but not limited to, the domain name associated with the Websites + Marketing page. SWIM reserves the right to modify, change, or discontinue provision of the Images and Software at any time.
SWIM makes no representations or warranties about any third-party Images and Software offered in connection with Services, and expressly disclaims any liability.
You will indemnify, defend, and hold harmless SWIMfrom and against any and all claims imposed upon or incurred by SWIM directly or indirectly arising from your use or misuse of the third-party Images and Software. The providers of the third-party Images and Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.
- Additional Terms and Conditions Applicable to Images and Software. The third-party providers listed in this section make no representations or warranties about any Images or Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Images or Software.
You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not SWIM.
Your use of the following Images and Software are subject to the applicable linked terms, which are incorporated by reference:
- Google My Business. Your use of Google My Business is subject to the following: (i) Google Terms of Service located here; (ii) Google My Business Additional Terms located here; and (iii) Google Guidelines for Representing Your Business on Google located here.
- PayPal. Your use of PayPal services is subject to the terms of service located here.
- Square. Your use of Square services is subject to the terms of service located here.
- GoFundMe. Your use of GoFundMe services and participation in the COVID-19 related campaigns are subject to the terms of service located here. SWIM has no responsibility for providing any matching funds offer through any such campaign or ensuring that those funds are provided.
- Mapbox. Mapbox is subject to the terms of service located here.
- Additional Terms and Conditions Applicable to Cronofy. Cronofy is subject to the terms of service located here.
- OpenTable in U.S., Japan, Germany, Mexico, Ireland, Netherlands, UK, Australia, Canada, Hong Kong, Singapore. Your use of OpenTable is subject to the terms of service located here.
- ChowNow in U.S. and Canada. Your use of ChowNow is subject to the terms of service located here.
- IDX Broker in U.S., Canada and Mexico. Your use of IDX Services is subject to the terms of service located here.