Welcome to the website("site") of Swarm Mid-West.The following terms and conditions govern your use of this site. By accessing, viewing, or using the material on this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you are not granted permission to use the site and should exit immediately. Swarm Mid-West reserves the right to change the terms and conditions under which this site is offered.These changes are effective immediately upon posting.You are responsible for regularly reviewing these terms and conditions.Your continued use of this site constitutes your agreement to all such terms and conditions.
Copyright
This site and all of its content are protected by copyright pursuant to U.S.and other copyright laws.You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to purchase Swarm Mid-West goods and services.Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by Swarm Mid-West in writing.You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by Swarm Mid-West in advance.
Trademark
Trademarks of Swarm Mid-West, its affiliates, and business partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of Swarm Mid-West.All page headers, customer graphics, button icons, and scripts are services marks, trademarks and/or trade dress of Swarm Mid-West, its affiliates, or business partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of Swarm Mid-West.Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the site are the property of their respective owners.
Indemnification
You agree to indemnify and hold Swarm Mid-West, its officers, members, and employees harmless from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this site.
Arbitration Clause
Any dispute, claim or controversy arising out of or relating to your participation, registration, or other involvement with Swarm Mid-West, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Massachusetts before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and its Consumer Arbitration Minimum Standards. The parties agree that(a) neither party shall be entitled to any depositions and(b) written discovery shall be limited to requests to produce documents that are directly relevant to significant issues in the case or to the case’s outcome. The parties further agree to waive an oral hearing pursuant to JAMS Rule 23 and the dispute shall be decided by the Arbitrator based solely upon written submissions, which may include affidavits and other relevant evidence.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
In any arbitration between the parties, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In addition, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. However, the arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.
Disclaimer of Warranty and Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Swarm Mid-West DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Swarm Mid-West DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Swarm Mid-West DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. Swarm Mid-West SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Swarm Mid-West TO YOU BASED ON ANY CAUSE OF ACTION EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.