Terms of Use

Terms of Use

These Terms of Use are the legally binding terms of your use of the Website and may be modified by us at any time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Website after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy, and any notices regarding the Website sent to you or posted on the Website, are incorporated into and made part of this agreement with us. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes.

The Project Swole website may contain links to third-party websites that are not owned or controlled by Project Swole. Project Swole has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, Project Swole will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly release Project Swole from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Project Swole website and to read the terms and conditions and privacy policy of each other website that you visit.

Grant of Rights and Limitations – Use of the Project Swole Website

Project Swole provides the Website to its Users, and your use of the Website is authorized only as provided by these Terms of Use. Project Swole reserves all rights in and to the Website not expressly granted by these Terms of Use.

Project Swole hereby grants you permission to use the Website provided: (i) you not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (ii) you otherwise comply with the terms and conditions of these Terms of Use.

Project Swole further grants you permission to post Content on other websites provided you comply with the following provisions:

(a) You may post Content on other websites for non-commercial purposes (i.e., where you have no intent to obtain direct commercial gain from the use of the Content), provided you use the Project Swole name and logo in connection with the display of the Content and comply with all of the Project Swole Trademark Usage Guidelines as seen on the Project Swole website.

(b) You may post Content on other websites for commercial purposes (i.e. where you have the intent to obtain direct or indirect commercial gain from the use of the Content), provided you (i) use the Project Swole name and logo in connection with the display of such news and comply with all of the Project Swole Trademark Usage Guidelines as shown on the Project Swole website and (ii) register your use of the Project Swole Content within 5 business days of its first use by e-mailing to contact us the following information: the URL where the Content is posted; your contact information, including contact name, company name, address, e-mail address, phone number and intent on such posting of Project Swole Content.

Commercial purposes include, for example:

* Posting on a blog where the blog is managed like a business and relies on ad revenue for its income. If the blogger would like to use Project Swole Content or Widgets as part of their existing content, then no problem; just tell Project Swole about it.

* Posting of Project Swole Content for the sole purpose of using the Content for commercial purposes (whether for market research, selling the data or other intent of profit from the Content).

Project Swole, in its sole discretion, reserves the right to determine whether the use of Content is for commercial or non-commercial purposes. Furthermore, Project Swole may revoke its permission to you to use the Website or post Content on other websites at any time, for any reason and in its sole discretion.

Illegal and/or unauthorized use of the Project Swole website, including collecting user names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Project Swole website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation in Member profiles may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Project Swole website.

The Project Swole website contains User Content, Project Swole Content and content of Project Swole licensors. Except for the content posted by you or as otherwise authorized by these Terms of Use, content appearing on or through the Project Swole website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Project Swole servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Project Swole grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Project Swole reserves the right to revoke rights granted herein either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Member profiles or User Content.

User Content

Project Swole does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you post to the Project Swole website. After posting your User Content to the Project Swole website, you continue to retain all ownership rights in such User Content, and you may use such User Content in any way you choose. However, by displaying or publishing (“posting”) any such User Content on or through the Project Swole website or Project Swole widget, you hereby grant to Project Swole a non-exclusive (meaning you are free to license your User Content to anyone else in addition to Project Swole), fully-paid and royalty-free (meaning that Project Swole is not required to pay you for the use of the User Content that you post), with a right to sublicense (so that Project Swole is able to allow this information to be posted on third-party websites), worldwide (because the Internet and the Project Swole Services are global in reach) and irrevocable (because once the Content is incorporated into the community knowledge base, it cannot be easily removed) license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content for any purpose whatsoever. Without this license, Project Swole would be unable to provide the Project Swole experience.

You represent and warrant that: (i) you own the User Content posted by you on or through the Project Swole website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Project Swole website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Project Swole website.

You are solely responsible for the User Content that you post on or through the Project Swole website, any material or information that you transmit to other Users or Members and for your interactions with other Users or Members, and the consequences of posting or publishing such User Content. Project Swole does not endorse and has no control over the User Content. Project Swole does not guarantee any confidentiality with respect to any User Content. User Content is not necessarily reviewed by Project Swole prior to posting and does not necessarily reflect the opinions or policies of Project Swole. Project Swole makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users or Members. Project Swole does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Project Swole expressly disclaims any and all liability in connection with User Content.

In connection with User Content, you further agree that you will not:

(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Project Swole all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage Project Swole or any third party;

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) post advertisements or solicitations of business;

(v) impersonate another person. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

If you download or print a copy of any portion of the Website, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Project Swole website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Project Swole website or the Content therein.

Project Swole reserves the right to remove User Content without prior notice and in its sole discretion. Project Swole may delete User Content at any time for any purpose including but not limited to violations of these Terms of Use or for being offensive, acting illegally, or violating the rights of or harming or threatening the safety of any person. Project Swole assumes no responsibility for monitoring the Project Swole website for inappropriate Content or conduct. If at any time Project Swole chooses, in its sole discretion, to monitor the Project Swole website, Project Swole nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Project Swole Content

The Project Swole website contains content including without limitation, text, software, scripts, software code and tools, graphics, poll results, aggregated information, photos, sounds, music, videos, interactive features and the like (“Project Swole Content”). Project Swole Content is protected by copyright, trademark, patent, trade secret and other laws, and Project Swole owns and retains all rights in the Project Swole Content.

Membership, Member Profiles

In order to access some features of the Website, you will have to become a Member and set up a Member account (“Account”). You may not use another Member’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on or in association with your Account, and you must keep your Account password secure. You must notify Project Swole immediately of any breach of security or unauthorized use of your Account. Although Project Swole will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Project Swole or others due to such unauthorized use. You may terminate being a Member at any time, for any reason, by going to Contact Us and submitting a message saying you would like to “terminate” being a member. Project Swole reserves the right to terminate Membership and delete or disable your Account without prior notice and in its sole discretion. You shall be bound by these Terms of Use even after Membership is terminated.

Copyright Policy

Project Swole does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Project Swole will remove all User Content if properly notified that such content infringes on another’s intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Project Swole’s designated Copyright Agent is available to receive notifications of claimed infringement by: email ([email protected]): For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Project Swole customer service through the Contact Us link. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

You understand that when using the Project Swole website, you will be exposed to User Content from a variety of sources, and that Project Swole is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Project Swole with respect thereto, and agree to indemnify and hold Project Swole, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Warranty Disclaimer

THE Project Swole WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE Project Swole WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Project Swole, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Project Swole MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Project Swole WEBSITE.

(VII) Project Swole DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Project Swole WEBSITE OR ANY HYPERLINKED WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Project Swole WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL Project Swole, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE Project Swole WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Project Swole SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Project Swole from its facilities in the United States of America. Project Swole makes no representations that the Project Swole website is appropriate or available for use in other locations. Those who access or use the Project Swole website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for Services during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website, even if we have been advised of the possibility of such damages.

Indemnity

You agree to defend, indemnify and hold harmless Project Swole, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Project Swole website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Project Swole website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Project Swole website is not intended for children under 13. If you are under 13 years of age, then please do not use the Project Swole website-there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Project Swole without restriction.

Remedies

You agree that monetary damages may be inadequate to compensate Project Swole for any breach of these Terms of Use. Accordingly, you agree that any such breach will cause irreparable injury to Project Swole and that, in addition to any other remedies that may be available at law, in equity or otherwise, Project Swole shall be entitled to obtain injunctive relief.

General

You agree that the Project Swole website shall be deemed solely based in New Hampshire. If there is any dispute between you and Project Swole, you agree that the dispute, whether or not related to the Terms of Use, shall be governed by the laws of the State of New Hampshire, and you agree to exclusive personal jurisdiction in New Hampshire and venue in the state and federal courts of the United States located in Merrimack County, New Hampshire. These Terms of Use, together with the Privacy Notice at https://www.projectswole.com/privacy-policy/ and any other legal notices published by Project Swole on the Website, shall constitute the entire agreement between you and Project Swole concerning the Project Swole Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Project Swole’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Project Swole reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Project Swole website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND Project Swole AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Project Swole WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.