Swift Alert
TERMS OF SERVICE and
PRIVACY POLICY
Last Updated: 12/05/2023
Welcome to Swift Alert! To make these Terms of Service and our Privacy Policy (the “Terms”) easier to read, we will sometimes refer to Swift Alert (including our directors, officers, members, managers, employees, affiliates, successors and assigns (each, a “Swift Alert Representative”), except when acting as a User) as the “App”, “our”, “we”, or “us”; we will refer to you as “you” or a derivative of you; and we will refer to a user who uses the App. as a “User(s).” A User is anyone who downloads or interacts in any way whatsoever with the App.
Please review these Terms, and all other policies and rules published by Swift Alert BEFORE you begin using Swift Alert because the Terms, Privacy Policy, and Other Policies create a legal agreement between you and Swift Alert. By using Swift Alert, you accept and agree to be bound and abide by these Terms and our Other Policies, each of which are incorporated herein by reference. Any new features or tools which are added to Swift Alert shall also be subject to these Terms. If you do not agree to these Terms, including our Privacy Policy, or our Other Policies you are not allowed to, and you must not, access or use Swift Alert.
NO AFFILIATIONS
Swift Alert has no affiliation, association, endorsement, or any connection whatsoever with Taylor Swift or any of its affiliates, including but not limited to, The Eras Tour. To support Taylor Swift, please visit the official Taylor Swift website at https://www.taylorswift.com and the official Eras Tour website at https://tstheerastour.taylorswift.com/.
Accuracy
Swift Alert is an aggregation of publicly available information and is committed to accuracy, but Swift Alert is not responsible for inaccurate notifications or information of any kind.
Privacy Policy
You agree that all User Information you provide to Swift Alert is governed by our Privacy Policy, and you consent to all actions we take with respect to your User Information consistent with our Privacy Policy (the “Policy”).
This Policy describes the types of information we may collect from you when you access or use Swift Alert, as well as our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy is part of our Terms of Service and is included in the term (“Terms”). This Policy, as part of our Terms, and all other policies and rules published by Swift Alert create a legal agreement between you and Swift Alert. By using Swift Alert, you accept and agree to be bound and abide by our Terms, this Policy, and our Other Policies, each of which are incorporated herein by reference. If you do not agree to our Terms, this Policy, or our Other policies you are not allowed to, and you must not, access or use the App.
This Policy may change from time to time. We will notify you of material changes, but it is your responsibility to check this Policy periodically for updates.
Please read this Policy carefully as it will help you make informed decisions about sharing your personal information with us.
Swift Alert does NOT collect financial information, including credit card information.
Swift Alert will NOT sell your information to advertisers, or any other party not included in these Terms.
Privacy Policy: Types of Information We Collect and Basis for Collection and Processing
We may collect some personal information and non-personal information from our Users, but the information we collect from you depends on how you use the App and what information you choose to provide to us.
We process the information we collect in reliance on the following:
Business Purposes: In reliance on Article 6(1) 1 lit. (f) of GDPR, we collect certain information in furtherance of our legitimate business interests ("Business Purposes");
Contractual: In reliance on Article 6(1) 1 lit. (b) of GDPR, we collect certain information required to enter into or perform a contract with you ("Contractual");
Consent: In reliance on Article 6(1) 1 lit. (a) of GDPR, we collect certain information based upon consent you have provided ("Consent"); and/or
Legal Reasons: In reliance on Article 6(1) 1 lit. (c) of GDPR, we collect certain information for compliance with our legal obligations ("Legal Reasons").
We indicate the specific processing grounds we rely on next to each purpose listed below.
Privacy Policy: Personal Information
This section describes what types of personal information we may collect from you, how we collect personal information, and our basis for collecting personal information.
Personal Information. Personal information is generally any information that can be used to identify you individually, either by itself or in conjunction with other information. The personal information that we collect depends on the context of your interactions with us, the App, as well as the choices you make and the features you use with respect to the App.
Personal information we collect may include, without limitation:
Contact information, such as your name and email address;
App. preferences, such as your alert preferences, quiz results, countdowns to shows, and other data directly related to using Swift Alert;
Account Information, such as Transaction history;
Conversations with other Users, if and when such functionality becomes available on the App;
Information concerning the App and your App usage;
Account credentials, such as User Information, and similar security information used for authentication and Account access, which may include Social media login data, as you may create an Account using an existing social media account if the App provides this capability;
Online identifiers, such as your Internet Protocol (“IP address”), or other device information, when that information is linked to other personal information or non-personal information that allows that individual to be identified;
Content and information you transmit through the App, including messages to other Users should this apply; and
Demographic or location information, when that information is linked to other personal information or non-personal information that allows an individual to be identified.
*The preceding list of personal information we may collect is illustrative, not exhaustive. All information we collect from you depends on how you use and interact with us and the App.
Special Types of Personal Information. We do not require you to provide any Special Category Personal Data in order to use the App (Special Category Personal Data includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). However, Users may at some point have the ability to interact with other Users based on their profile content and desire to form a mutually beneficial relationship, information about interests, among other factors will determine willingness to engage with other members. A User may choose to upload information that includes Special Category Personal Data to the User’s Account, or to publicly post or share information that includes Special Personal Category Data with other Users through the App. If you upload Special Category Personal Data to your Account, or if you otherwise choose to share or post information containing Special Category Personal Data with other Users or in any public areas or features of the App that exist or may exist in the future, you are giving us your explicit consent to process your data, including Special Category Personal Data, as otherwise requested by you in connection with your Account or use of the App. Participation in public posting and any other interactions with other Users are completely optional, and we will only process data that you specifically provide to make use of those features, and only as necessary for the functionality of such features.
How We Collect Personal Information. We may collect personal information when you: (1) register to use the App and create an Account; (2) provide it to us when you use the App; (3) email us or send a message through the electronic forms provided on the App; (4) enter a promotion sponsored by us; (5) report a problem with our App; (6) respond to polls or surveys distributed for research purposes; or (7) in any other interactions between you and the App or us in which you voluntarily provide your personal information.
Our Basis for Collecting Personal Information and Use Thereof. Below, we describe how we use your personal information, and our basis for using such information.
Account Creation: Consent.
We use the information you provide us, such as your name and email address, to facilitate Account creation.
Use of Account and App: Business Purposes and Contractual.
We use the information you provide us to allow you to make full use of the App.
App-Based Communications: Business Purposes, Contractual and Consent.
We may use the content, information, and messages you transmit through or post to the App to enable User communications and communications with us. We use the content, information, and messages you transmit through the App to respond to your inquiries, questions, and support needs.
Administrative Information: Business Purposes and Contractual.
We may use your personal information to send you App and new feature information and/or information about changes to our Terms, this Policy, and Other Policies.
Request Feedback: Business Purposes.
We may use your information to request feedback and to contact you about your use of the App.
Protection of the App: Business Purposes and for Legal Reasons.
We may use information you provide us, including content you post to, and your communications through, the App, as part of our efforts to keep the App safe and secure (for example, for fraud monitoring and prevention).
Compliance of Terms, this Policy and Other Policies: Business Purposes, Legal Reasons, and Contractual.
We may use your information to ensure compliance with our Terms, this Policy and our Other Policies, as well as to stop fraud, harassment, and other legal violations.
Responding to Legal Requests and/or Preventing Harm. Legal Reasons.
If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
For other Business Purposes. Business Purposes.
We may use your information for other Business Purposes, such as job application review, data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our App, products, services, marketing and your experience.
Privacy Policy: Non-Personal Information
This section describes what types of non-personal information we may collect from you, how we collect non-personal information, and our basis for collecting non-personal information.
Non-Personal Information. Non-personal information includes information that is about you or about your use of the App but does not identify you personally. The information we collect automatically (as described below) is statistical data and usage information, and generally does not include personal information. We use this information to maintain the security and operation of the App, and to gain insights about the functionality and use of the App in order to improve the App. Such information we may collect includes:
IP addresses;
Anonymous usage data;
Referring/exit pages and URLs;
Browser or platform type;
Internet connection;
Equipment used to access the App;
Language preference;
Referring site;
Preferences you submit and preferences that are generated based on data you submit;
Recordation of your usage and navigation of, and interaction with, the App; and
The date and time of User requests.
*The preceding list of non-personal information we may collect is illustrative, not exhaustive. All information we collect from you depends on how you use and interact with us and the App.
How We Collect Non-Personal Information. We generally collect non-personal information through automatic data collection technologies and analytics tools (such as Google Analytics). The technologies we use for the automatic data collection described above may include (“Other Collection Technologies”):
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the App.
Flash Cookies. Certain features of the App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Storage. The App implements web storage methods. Web storage is similar to cookies, but presents a greater capacity for persistent data storage.
Web Beacons. Components of the App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Our Basis for Collecting Non-Personal Information and Use Thereof. Below, we describe how we may use your non-personal information. Our basis for collecting such information is Consent, Contractual, and Business Purposes.
Device, Browser, and Equipment Information: We collect information related to the device you use to access the App. Such information may include computer or mobile device make and model, related hardware, operating system, browser type, device identification, and network information. We use this information to provide and improve the App, evaluate the performance of the App, investigate and/or prevent fraud and/or illegal use of the App, and understand how you interact with the App.
Browsing and Log Information: We collect information related to how you use, access and interact with the App, as well as the pages you view, time spent on the App and its pages, your IP address, and the pages you are referred from or depart to. We use this information to provide and improve the App and our advertising efforts.
Location Information: We may collect location information from you while you use the App. We collect such information to provide and improve the App, evaluate performance of the App, investigate and/or prevent fraud and/or illegal use of the App, and understand how you interact with the App.
Other Collection Technologies Information: We collect various information using Other Collection Technologies in order to provide and improve the App and our advertising efforts.
Privacy Policy: Information Collected From Third Parties
This section describes what types of information we may collect from third parties and how we collect non-personal information. Our basis for collecting such information is Consent, Contractual, and Business Purposes.
Location Information and Information from Other Sources. We may, from time to time, track use location through IP logging for security and fraud prevention purposes. Your use location may also be tracked in connection with our use of automatic data collection technologies, such as Google Analytics.
Information Collected from Other Sources. We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we may receive from other sources include: Social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).
Social Logins. To create an Account to use the App, we may, now or in the future, require or allow you to register and login using your third-party social media account, such as Facebook. If you create your Account in this manner, we will receive certain profile information about you from such third-party. The profile information we receive may include, for example, your name, e-mail address, friends list, pictures as well as any other information you choose to make public on your social media profile. We will use this information only for the purposes that are described in this Policy or that are otherwise made clear to you on the App or in our Terms.
Please Note: We do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy policy to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.
Privacy Policy: How We Share Information With Others
We share and disclose your information in the following situations:
Use of the App and to Facilitate Transactions. When you share personal information (for example, by engaging in discussions or contributing other content to the App) or otherwise engage in public areas of the App that may or may not exist now or in the future (for example, by posting reviews or ratings), such personal information may be viewable by all Users and may be publicly distributed outside the App indefinitely. Similarly, other Users may view your profile. We may not be able to prevent Users from retaining such information or from exporting such information outside the App, so your information may be publicly distributed outside the App in perpetuity.
Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or act regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
With your Consent. We may disclose your personal information for any other purpose, with your consent.
Aggregated or De-Identified Form. We may disclose information and data we collect in an aggregated form, de-identified form, or aggregated and de-identified form.
Privacy Policy: Data Retention
In general, we will only retain personal information for as long as you are using the App or as otherwise needed to provide you with the App or complete other purposes described in this Policy. We may also retain and use your personal information as necessary to satisfy any legal requirements, including enforcing our rights and agreements and resolving disputes. We will try to delete your information promptly consistent with these data retention practices. However, there might be some technical delay involved in deleting information from our servers and backed-up versions might still exist after deletion. In addition, we do not delete any data that has been rendered completely anonymous or maintained in de-identified, aggregated form with data of other users (such as usage trend reports).
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Privacy Policy: Security Practices
We implement security measures designed to protect your information from unauthorized access, use, or disclosure. We protect your information from potential security breaches by implementing certain technological security measures including encryption and firewalls. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using our App, you acknowledge that you understand and agree to assume these risks, and Swift Alert shall not be responsible for the circumvention of any of the App’s privacy settings or security measures. If you have an Account, we urge you to take steps to keep your Account information (username and password) protected from unauthorized use by others. You should only access the App within a secure environment.
Privacy Policy: Your Privacy Rights
Swift App strives for transparency, security, and accessibility when it comes to your information.
You May Request a Copy of Your Data. You may request a copy of your personal data from us at any time. If you request a copy of your data, we will provide you with a copy in a structured, electronic format.
You May Request Your Data Be Corrected, Completed, or Deleted. You may also request that your personal data be corrected if you believe it is incorrect or incomplete, or that it be deleted entirely. We will delete your personal data upon your request if you send us a request with a description of the basis for your request; however, we may first restrict processing of your data as permitted under applicable law to assess your request prior to any deletion of data.
You May Request Your Data Be Restricted From Certain Activities. You may object to our processing of your personal data, or request that we restrict the processing of your personal data. If you request that we restrict processing of your data, we will stop processing your data, but we may still store your data as permitted under applicable law pending an assessment of your request.
You May Withdraw Your Consent. If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before you withdrew your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
We may not be able to delete your personal data except by also deleting your Account, if applicable. We may not be able to accommodate a request to change or delete information if the change would violate any law or legal requirement, or if such change would cause the information to be incorrect. We may not be able to delete the personal data of a User that was retained by another User in duplicate form outside of the App after it was shared with the other User in connection with interactions between the Users.
If you are a resident of the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
If you fail to provide personal information when it is required by law or necessary for us to perform our obligations under a contract with you, we may not be able to perform the contract.
Do Not Track Disclosure. You may set your web browser to transmit a “Do Not Track” signal to websites and online services you visit. At this time, we do not respond to or alter our practices when our systems receive a Do Not Track signal from a user’s web browser. For more information on Do Not Track, please visit www.allaboutdnt.com.
Cookies And Similar Technologies. Most Internet browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our App.
Opting Out Of Email Marketing. You can unsubscribe from our email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still need to send you service-related emails that are necessary for the administration and use of your Account. To otherwise optout, you may email us at: swiftalert13@gmail.com
Treatment Of Users Who Exercise Rights. If you choose to exercise your rights as provided above, we will not charge you a different price or provide a different quality of service unless any differences are related to your data and information.
Identity Verification. If you choose to exercise your rights as provided above, we may require you to verify your identity and verify your request before we take any action. As part of the verification process, government identification may be required.
California Residents Who Wish To Make A Request. You may make a request as noted above, and consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to use an authorized agent, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
Privacy Policy: How to Make Changes to Your Account and Personal Data
If you would at any time like to request, review or change the information in your Account, or terminate your Account, you can: log into your Account settings and update your Account or send us an email. Please direct all requests related to your information to: swiftalert13@gmail.com
Upon your request to terminate your Account, we will deactivate or delete your Account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and/or comply with legal requirements.
Privacy Policy: California Residents Privacy Rights
In addition to the rights provided herein, California residents are afforded additional rights, as provided in this section.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered Account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your Account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from our systems. Also, the minimum age to participate on our App is 18. If you are under 18, and participating on our App, you are in direct violation of our Terms and you should cease using the App immediately, contact us and we will remove your profile as thoroughly as possible.
In compliance with the California Consumer Privacy Act, we permit our users who are California residents to request a copy of your data twice per every twelve months, and we will deliver, within 45 days of a verified request, a comprehensive history of the information and data collected from the previous twelve months, as well as the categories of sources for that information, the business purpose for collecting the information, and the third-party recipients of the data and information.
If you choose to exercise your rights as provided in this section or this Privacy Policy in general, we will not charge you a different price or provide a different quality of service unless any differences are related to your data and information.
If you choose to exercise your rights as provided above, we may require you to verify your identity and verify your request before we take any action. As part of the verification process, government identification may be required.
You may make a request as noted above, and consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to use an authorized agent, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
Privacy Policy: Links to Other Websites and Services
As part of the App, we may provide links to or compatibility with other websites or applications to enhance your User experience. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Policy applies solely to information collected by us through the App. Therefore, this Policy does not apply to your use of a third-party website accessed by selecting a link on our App. To the extent that you access or use the App through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites or integrations before proceeding to use them.
General
Eligibility to Use Swift Alert
You must be at least 18 years of age or have parental consent to use Swift Alert. By using Swift Alert, you represent and warrant that you are at least the age of 18 or have parental consent to use the App and meet all of the eligibility requirements of these Terms. If you do not meet these requirements or, if for any reason, you do not agree with all the terms and provisions of these Terms, you must stop using the App. immediately.
Swift Alert Users
Swift Alert does not prohibit any Swift Alert Representative’s use of Swift Alert. All Swift Alert Representatives who act as Users must abide by these Terms.
Account Information and Right to Use Swift Alert
Swift Alert does not process payments directly and has no access to a User’s financial information. All purchases must be made through the Apple App. Store and/or Google Play. Please see the Apple App. Store’s and/or Google Play’s terms and conditions to understand how they may use your information.
You agree not to reproduce, duplicate, copy, sell, re-sell or exploit any portion of Swift Alert without express written permission by us.
Account and User Information Protection
It is your responsibility to protect your personal data and maintain the confidentiality of your User Information.
We have the right to restrict any User’s access to and use of Swift Alert at any time in our sole discretion, for any or for no reason, including if, in our opinion, you have violated any provision of these Terms.
No Guarantee of Access
We reserve the right to withdraw or amend Swift Alert, and any feature, information, or material we provide as part of Swift Alert, in our sole discretion and without notice. In addition, Swift Alert may automatically be upgraded and updated without notice to you. We will not be liable if, for any reason whatever, all or any part of Swift Alert is unavailable at any time or for any period.
Use and Access Restrictions
We reserve the right to refuse the use of, or access to, Swift Alert to anyone, for any reason, and at any time. From time to time, we may restrict access Swift Alert, or any portion thereof, to Users, including registered Users. We may, in our sole discretion, terminate your right to use Swift Alert with or without cause at any time, and may prevent your future use of Swift Alert. You may terminate this Agreement by simply discontinuing use of Swift Alert.
Your Responsibilities Before and After Termination
Swift Alert has no obligation to retain or provide you with copies of your Account Information (as defined below), User Information, or otherwise. “Account Information” is an all encompassing term that is meant to include your User Information as well as Transaction history, quiz results, saved settings, songs or song information, conversations with other Users, if and when such functionality becomes available on Swift Alert, payment information, and any other information whatever concerning Swift Alert and your usage of Swift Alert. This list is meant to be illustrative and not exhaustive. You may stop using Swift Alert at any time by deleting the App. from your device(s). We may permanently or temporarily suspend your use of Swift Alert at any time and for any reason, without any notice or liability to you. Swift Alert shall not be liable to you for any deletion, loss, corruption or withholding of your Account Information or User Information. You, and you alone, are solely responsible for saving, copying, or maintaining any and all Account Information and User Information.
If Swift Alert is removed from your device(s), for any reason, intentional or unintentional, or we terminate your right to use Swift Alert, we may restrict your access to any Account Information, User Information, information, or material that you may have used or stored in the App. Upon termination of your use of Swift Alert, certain provisions of these Terms will survive termination.
License and Permission to Use Your Content.
In the future, Swift Alert may enable you to post materials, potentially including photos, profile pictures, messages, or commentary. However, Swift Alert does not guarantee that such functionality will ever be added to the App. All materials that you post or share in anyway on or through Swift Alert will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using Swift Alert, Your Content may be viewed by the general public and will not be treated as private or confidential.
You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media, or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
Your Responsibilities for Your Content.
By posting Your Content on Swift Alert you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with these Terms. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.
Limits.
We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason. We reserve the right to edit, refuse to post, or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
Use Requirements.
You agree that you will not:
Use Swift Alert for any unlawful purpose or for the promotion of illegal activities;
Use Swift Alert to, or to attempt to, harass, abuse, or harm another person or group;
Provide false or inaccurate information;
Use Swift Alert for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Make any automated use of Swift Alert, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on Swift Alert;
Use any manual process to monitor or copy any of the material on Swift Alert or for any other unauthorized purpose without our prior written consent;
Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of Swift Alert, information, or materials we provide as part of Swift Alert;
Reverse engineer or attempt to extract any source code of Swift Alert, unless applicable laws prohibit these restrictions, or you have our written permission to do so;
Use any software, technology, or device to scrape, spider, or crawl Swift Alert or harvest or manipulate data;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Bypass any measures we take to restrict access to the Swift Alert;
Use Swift Alert to solicit sales outside of Swift Alert;
Engage in market manipulation; or
Otherwise interfere or attempt to interfere with the proper functioning of Swift Alert.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of Swift Alert, please contact us at swiftalerts13@gmail.com.
Your Rights to Use Swift Alert
These Terms permit you to use Swift Alert for your personal use only, in accordance with the terms herein. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use Swift Alert. You will use Swift Alert in full compliance with all applicable laws and regulations.
If you breach any of these Terms, your right to use Swift Alert will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Swift Alert, or any content on Swift Alert is transferred to you.
We reserve all rights that are not expressly granted to you under these Terms.
User Interactions
Interactions with other Users
YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.
SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, SWIFT ALERT IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS SWIFT ALERT FROM ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR ANY OTHER USE OF SWIFT ALERTS.
User Legal Compliance
We require that Users comply with all applicable laws. It is solely the responsibility of each User, and not of Swift Alert, to determine which laws are applicable to them and ensure that they are in compliance with such laws.
Please Note: While we require all Users to comply with applicable law, we make no effort to verify or ensure such compliance.
Pricing Billing and Fees
Pricing
There is a fee to establish and maintain a Premium Account. Swift Alert does not process payments or fees directly and has no access to a User’s financial information. All purchases must be made through the Apple App. Store or Google Play. Please see the Apple App. Store’s and/or Google Play’s terms and conditions to understand how they may use your information.
Return/Refund Policy
Swift Alert will never, under any circumstances whatsoever, issue a refund of any monies spent by the User or collected by Swift Alert.
Intellectual Property and Account Information
Intellectual Property Ownership
Swift Alert and its licensors are the sole owners of all right, title, and interest in and to Swift Alert, including all software and technology therein, as well as any and all intellectual property rights arising therefrom. Except as otherwise provided herein or as authorized in writing by Swift Alert, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from Swift Alert. If you wish to make any use of material provided as part of Swift Alert other than as set out in these Terms, please address your request to: swiftalerts13@gmail.com.
Any use of Swift Alert not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We reserve all rights that are not expressly granted to you under these Terms.
Swift Alert has no affiliation, association, endorsement, or any connection whatever with Taylor Swift or any of her/its affiliates, including but not limited to, The Eras Tour. Swift Alert makes no claim to and has no ownership interest in any intellectual property owned by Taylor Swift or any of her/its affiliates, including but not limited to, The Eras Tour. To support Taylor Swift, please visit the official Taylor Swift website at https://www.taylorswift.com and the official Eras Tour website at tstheerastour.taylorswift.com.
Cooperation with Law Enforcement
Without limiting any term or provision of these Terms, we have the right to fully cooperate with any law enforcement authorities or court order directing us to disclose any information of any user in our possession. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Copyright Complaints
All material or information that you use or post to Swift Alert must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with Swift Alert infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Swift Alert’s designated agent at swiftalert13@gmail.com:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description 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;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
User Information reasonably sufficient to permit Swift Alert to contact you, such as an address, telephone number, and/or email address;
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
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.
Liability, Indemnification, and Disputes
Assumption of Risk
You agree and acknowledge the world is a dangerous place and you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur by phone call, electronic communication outside of the App., or in-person interactions. While Swift Alert does not encourage and may not even facilitate User communications, in the event that Users do interact, Swift Alert encourages all Users to take proper precautions. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, Swift Alert encourages the User to contact us at swiftalert13@gmail.com
BY USING SWIFT ALERT YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING ANY MEDIUM OF ELECTRONIC COMMUNICATION.
No Warranties
SWIFT ALERT, AND ANY CONTENT OR INFORMATION THEREIN IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. SWIFT ALERT MAKES NO EXPRESS OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, SWIFT ALERT MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF SWIFT ALERT WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF SWIFT ALERT OR ANY OTHER PRODUCT, INFORMATION OR SERVICE PROVIDED BY SWIFT ALERT. SWIFT ALERT IS NOT RESPONSIBLE FOR INACCURATE NOTIFICATIONS OR INFORMATION OF ANY KIND.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
SWIFT ALERT IS NOT RESPONSIBLE FOR ANY PAYMENT INSTRUMENT INFORMATION WHATSOEVER.
Disclaimers of Liability
IN NO EVENT SHALL SWIFT ALERT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING.
SWIFT ALERT SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF SWIFTALERT, WHETHER ARISING FROM A TRANSACTION OR OTHERWISE; THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR LOSS TO YOU, YOUR ITEM(S), OR YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, SWIFT ALERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO SWIFT ALERT, INABILITY TO ACCESS SWIFT ALERT, ABILITY TO USE SWIFT ALERT, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF SWIFT ALERT.
IF YOU ARE IN ANY WAY CONCERNED ABOUT ANOTHER USERS SUITABILITY FOR SWIFT ALERT, PLEASE LET US KNOW IMMEDIATELY AT SWIFTALERT13@GMAIL.COM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
User Disputes
ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. SWIFT ALERT HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE SWIFT ALERT FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE.
Limitation of Liability
BMBC’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO SWIFT ALERT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; PROVIDED THAT IF YOU HAVE PAID NO SUCH AMOUNTS, SWIFT ALERT’S MAXIMUM LIABILITY TO YOU SHALL BE THE GREATER OF USER’S TOTAL FEES TO SWIFT ALERT FOR THE 12 MONTHS PRIOR TO THE CLAIM; OR $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnification by You
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SWIFT ALERT (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, EXPENSES, LOSSES, OR OTHER AMOUNTS (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY SWIFT ALERT THAT ARISE FROM ANY CLAIM, DEMAND, OR CAUSE OF ACTION RELATING TO (1) YOUR USE OF SWIFT ALERT, INCLUDING WITH RESPECT TO ANY TRANSACTION IN WHICH YOU ARE INVOLVED, (2) OUR USE OF YOUR ACCOUNT INFORMATION, (3) YOUR DISPUTES WITH OTHER USERS, (4) ANY OTHER USER’S ACTIONS OR OMISSIONS, (5) YOUR BREACH OF THESE TERMS, (6) YOUR BREACH OF THE OTHER POLICIES, (7) YOUR MISUSE OF SWIFT ALERT, (8) YOUR VIOLATION OF ANY LAW, OR (9) YOUR VIOLATION OF ANY OTHER USER’S OR THIRD PARTY’S RIGHTS.
AS STATED THROUGHOUT, SWIFT ALERT SHALL NOT BE LIABLE, AND SHALL BEAR NO LIABILITY, IN CONNECTION WITH ANY TRANSACTION OR USE OF SWIFT ALERT.
Limitation on Time to File Claims
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR USE OF SWIFT ALERT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Force Majeure
SWIFT ALERT SHALL HAVE NO LIABILITY FOR DELAYS OR FAILURE TO MEET RESPONSIBILITIES FROM ANY CONDITION OR EVENT THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, ACTS OF TERRORISM, ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD, OR OTHER ACTS OF GOD; OR LABOR CONDITIONS. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND IS NOT EXHAUSTIVE.
Arbitration Agreement, Jury Trial Waiver, Class Action Waiver and Dispute Resolution
Arbitration Generally
THIS SECTION PROVIDES YOUR AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”) ANY CLAIMS, SUBJECT TO LIMITED EXCEPTIONS, THAT YOU AND SWIFT ALERT HAVE AGAINST EACH OTHER. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND RELIEF AGAINST SWIFT ALERT THROUGH ARBITRATION AND NOT THROUGH ANY ACTION IN COURT, BY JURY TRIAL, OR IN ANY CLASS PROCEEDING. PLEASE REVIEW THIS SECTION CAREFULLY.
Arbitration Agreement
Except as prohibited by law, you agree and acknowledge that the exclusive means for resolving any dispute or claim arising from the Terms or your use of Swift Alert shall be binding arbitration. Any action to enforce an arbitration decision, including any proceeding to confirm, modify, or vacate an arbitration decision, may be commenced in any court of competent jurisdiction, pursuant to the Governing Law and Jurisdiction section below.
By agreeing to arbitration under these Terms, you agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on the interpretation, applicability, and enforceability of the Arbitration Agreement, as well as on all substantive and procedural claims involved in the relevant dispute. Additionally, the arbitrator shall have the authority to grant any remedy that would be available if the dispute were instead being resolved in a court of competent jurisdiction.
All arbitration shall be conducted by a neutral arbitrator under the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”). Except as limited by applicable law, You and BMBC each hereby agree to equally share all filings, administrative and arbitrator fees to conduct the arbitration. Notwithstanding the foregoing sentence, Swift Alert will reimburse you for filing fees and pay all arbitrator fees if (1) the total amount of your claims against Swift Alert is less than $10,000 AND (2) the claims arbitrated by you are resolved in your favor, as determined by the arbitrator. Each party will be solely responsible for any and all fees incurred by such party in connection with the arbitration.
Unless you exercise your right to an oral hearing, arbitration shall be conducted by written submissions. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims or disputes to Swift Alert at the email address specified in the Contact Information section of these Terms. If we begin arbitration proceedings against you, we will provide you notice using your User Information. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this Arbitration Agreement. The AAA's Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
If any term or provision of this Arbitration Agreement is held invalid or unenforceable, such term or provision shall be severed from this Arbitration Agreement, and the remainder of the terms and provisions shall remain in full force and effect.
BY ACCEPTING THESE TERMS AND UNLESS OTHERWISE PROVIDED FOR HEREIN, YOU ARE (1) AGREEING TO THE TERMS OF THE ARBITRATION AGREEMENT IN THIS ARBITRATION AGREEMENT, (2) WAIVING YOUR RIGHT TO HAVE ANY DISPUTE OR CLAIM WITH SWIFT ALERT RESOLVED IN COURT BY A JUDGE OR JURY, (3) OPTING TO HAVE ALL DISPUTES OR CLAIMS WITH SWIFT ALERT RESOLVED BY A NEUTRAL ARBITRATOR, AND (4) WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS PROCEEDING.
Class-Action Waiver and Jury Trial Waiver
YOU AGREE THAT YOU WILL NOT COMMENCE, MAINTAIN, OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST SWIFT ALERT (“Class Proceeding”). TO THE EXTENT ANY CLAIM OR DISPUTE HEREUNDER PROCEEDS IN COURT RATHER THAN IN ARBITRATION, SWIFT ALERT AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Governing Law and Jurisdiction
Any claim relating to Swift Alert shall be governed by the laws of the State of North Carolina, without regard to any conflict of law provisions; provided, however, that the Arbitration Agreement above shall be governed by the Federal Arbitration Act. In the event that any or all of the arbitration decision is held to be unenforceable, any litigation against Swift Alert may be commenced only in the federal or state courts located in Raleigh, Wake County, North Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Miscellaneous
Contact Information
Swift Alert LLC. is the official legal name of Swift Alert, and we are based in North Carolina. Please send all feedback, comments, requests for technical support, and other communications relating to Swift Alert to: swiftalert13@gmail.com
Enforceability
Even if Swift Alert does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written.
Any and all waivers by Swift Alert of any provision, condition, or requirement of these Terms will only be effective against Swift Alert if it is in writing and signed by an authorized officer of Swift Alert. No waiver by Swift Alert of any term or condition set out herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Swift Alert to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Links to Third-Party Websites, Applications, Software, or Content
As part of Swift Alert, you may purchase Premium via the Apple App Store and/or Google Play, we may also provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties (collectively, including content from the Apple App Store and/or Google Pay, “Third-Party Content”). These links are provided as a courtesy to Users. Swift Alert has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Swift Alert.
We are not responsible for any Third-Party Content posted on, available through or installed from Swift Alert, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by Swift Alert. If you decide to leave Swift Alert and access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party site or application to which you navigate from Swift Alert.
Entire Agreement & Severability
These Terms and our Privacy Policy and Other Policies constitute the sole and entire agreement between you and Swift Alert and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Swift Alert. If any provision of these Terms is held by an arbitrator or court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Our rights under these Terms will survive any termination of these Terms.
Email and Legal Notice
Communications made through the Swift Alert e-mail and messaging system, if and when available, will not constitute legal notice to Swift Alert in any situation where notice to Swift Alert is required by contract or any law or regulation.
You Consent to Receive Electronic Communications
For contractual purposes, you agree that all Terms, agreements, notices, disclosures, and other communications that Swift Alert provides to you electronically will satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We May Amend Swift Alert and these Terms
We may update Swift Alert (including its content, materials, and features) from time to time. Please be advised that any content contained on Swift Alert may not necessarily be complete or up-to-date. Any of the material on Swift Alert may be out of date at any given time, and we are under no obligation to update such material.
We may revise and update these Terms from time to time in our sole discretion. All changes become effectively immediately when we post them and upon your continued use of Swift Alert.
It is your responsibility to check the Terms from time to time, so you are aware of any changes. If you continue to use Swift Alert after we post revised Terms, Privacy Policy, or any other policy, you signify your agreement to such revised Terms and policies. However, we shall notify you of material changes to the Terms or other policies by posting a notice in Swift Alert. For this reason, you should keep your contact and profile information current to the extent that the App allows. If, following such changes, you no longer agree to these Terms or the Privacy Policy, you must discontinue using Swift Alert.
General Acknowledgment
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE INCLUDED PRIVACY POLICY AND ANY OTHER TERMS PUBLISHED BY SWIFT ALERT REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.