Terms

Swift Homes Terms

1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

2. Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, Kairos Buying LLC dba Swift Homes and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a non-exclusive, non-transferable, limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. Kairos Buying LLC dba Swift Homes may modify or revoke your limited license at any time and in its sole discretion.

3. Restrictions

You acknowledge and accept that you are expressly and emphatically restricted from all of the following:

1.     publishing any Website material in any media;

2.     selling, sublicensing and/or otherwise commercializing any Website material;

3.     publicly performing and/or showing any Website material;

4.     using this Website in any way that is, or may be, damaging to this Website;

5.     using this Website in any way that impacts user access to this Website;

6.     using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7.     engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8.     using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Kairos Buying LLC dba Swift Homes may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Kairos Buying LLC dba Swift Homes a non-exclusive, worldwide, irrevocable, royalty-free, fully paid, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

You represent and warrant that you have the rights and authority necessary to grant the license to Your Content, and that use of Your Content must not be infringing on any third party’s rights, including but not limited to privacy rights, copyrights, trademarks, contract rights, or any other intellectual property rights. Kairos Buying LLC dba Swift Homes reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties

This Website is provided “as is,” with all faults, and Kairos Buying LLC dba Swift Homes makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Kairos Buying LLC dba Swift Homes, nor any of its officers, directors, investors, agents or employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or any other cause of action, and Kairos Buying LLC dba Swift Homes, including its officers, directors, investors, agents and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby agree to indemnify, defend and hold harmless to the fullest extent allowed by applicable law, Kairos Buying LLC dba Swift Homes including its officers, directors, investors, agents and employees, from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your access to and use of the Website, or your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Kairos Buying LLC dba Swift Homes is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

Kairos Buying LLC dba Swift Homes shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Kairos Buying LLC dba Swift Homes and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. You may also be subject to additional terms and conditions that may apply when you use or receive certain services from this Website.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.

13. No Waiver

The failure of Kairos Buying LLC dba Swift Homes to enforce any of its rights or obligations under these Terms shall not constitute a waiver of its to later enforce its right or obligation or any part of these Terms, nor does it release you from performance of any provision, condition or requirement of these Terms.

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