TERMS & CONDITIONS

SwiftRecovery is committed to protecting your privacy and your personal data. We want you to understand how we may collect, store, use and protect any personal information that you share with us. We will not share your information with anyone, except as described in this Privacy Policy.

Throughout this Privacy Policy, we will refer to our website, applications delivered via the web, and other related services collectively as the “Service.” Please note, this Privacy Policy does not apply to information we collect by other means than your use of the Service (including offline) or from other sources. When you sign up for SwiftRecovery and use the Service you agree to accept this Privacy Policy.

We reserve the right to change this policy at any time, and if we do so, we will post changes to this page.

Information we may collect

Upon inquiry and as part of the payment authorization pages inside the website, we will collect the following information:

• Upon inquiry: Full name, email address, company name, phone number, type of business, other notes about your business

• Upon payment authorization: Billing address, credit card number, expiration date, CVV code

In addition, upon using the Service, individual transaction data obtained from your third-party invoicing or accounting application, information collected via the browser and user generated notes in conjunction with your use of the Service may be collected. Additional information from or about you may also be collected in other ways, including responses to customer surveys and any communications with our customer service team.

The use of technology to collect information

Cookies

It is important for us to track how our website is used, and we (or our service providers or partners) may place “cookies” on your computer or device. Cookies are small data files that identify you when you use our services. You have the option to decline our cookies by using your browsers settings tools, but this may interfere with your use of our website and services.

Log File Information

Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

Protecting Personal information

Any information that can be used to identify a person is “Personal Information”. This does not include information that has been aggregated or made anonymous. All information is securely stored on our servers in the United States. Our safeguards and procedures have been implemented in accordance with applicable United States state and federal law and regulations to maintain the physical and electronic security of our software, services and your personal information.

Using Personal Information

We use your Personal Information to provide you the features and functionality of the Service, and may share it with our trusted third parties, to ensure that you have a safe, high-performance experience when using the Service. When you use the Service, including accepting a payment, contacting customer service or requesting technical support, in addition to many other interactions with SwiftRecovery, we will apply the information that we have collected. Knowing this information allows us to verify your identity, communicate with you and enforce our agreements with you, as well as secure the best possible experience for all SwiftRecovery customers by ensuring compliance with applicable US state and federal laws and our own policies. We may also use this information to measure how our members use the Service, and improve and enhance our offerings to you.

SwiftRecovery may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.

We use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) monitor the effectiveness of our Service; (c) monitor aggregate metrics such as total number of visitors and traffic; (d) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (e) help you efficiently access your information after you sign in.

Sharing Personal information

SwiftRecovery will not rent or sell your Personal Information to others.

We may store personal information in locations outside the direct control of SwiftRecovery (for instance, on servers or databases co-located with hosting providers).

SwiftRecovery will share your Personal Information with a limited number of SwiftRecovery partners for the explicit purpose of providing services to you (such as those described below). If we do this, such third parties’ use of your Personal Information will be bound by terms at least as restrictive as this Privacy Policy. Sharing of your personal information with third parties, will include but not limited to:

• Third-party debt collection agencies and legal and financial service providers we use in connection with providing the Service.

• Printing service providers we use in connection with providing the Service.

• Law enforcement authorities or government representatives who may require us to share information in order to comply with court order and other legal mandates, or when we believe that disclosure is necessary to report suspicious activities, prevent physical harm, financial loss, or violations of our agreements and policies.

• Other third parties, subject to your prior consent or direction.

As we develop our business, we may buy or sell assets or business offerings. Customer, transaction, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, bankruptcy, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, SwiftRecovery will not disclose Personal Information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our User Agreement, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of SwiftRecovery, our customers or others.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, SwiftRecovery will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law.

SwiftRecovery shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond SwiftRecovery’s control.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case SwiftRecovery may not be able to provide certain services to you. You can review and correct the information about you that SwiftRecovery keeps on file by contacting us as described below.

Minor’s Privacy

Protecting the privacy of minors is especially important. For that reason, SwiftRecovery does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with our Service. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on SwiftRecovery. In the event that we learn that we have collected personal information from a minor under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us as described below.

Links to Other Web Sites

SwiftRecovery is not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by SwiftRecovery in its sole discretion. We reserve the right to determine the form and means of providing notifications to you.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

Contact

Please contact us with any questions or concerns regarding our policy.

Customer Support Team

630-948-7888

support@swiftrecoveryinc.com

SwiftRecovery is an accounts receivable management service (the “Service”). Our goal is to make it easier for you to manage your accounts receivables and increase the speed at which you get paid.

This SwiftRecovery User Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and a Texas sole proprietorship doing business as SwiftRecovery (“SwiftRecovery,” “we,” “our” or “us”).

This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Service. Part Two contains additional legal terms, including provisions that limit our liability to you and govern any potential legal dispute.

Because certain aspects of the collections industry are regulated in a way that affects how one does business, and because people that owe you money could sue you or sue us for a whole host of reasons, it is important that you read the following terms and conditions carefully and know what is expected of you, and what is expected of each of the parties involved.

BY INDICATING THAT YOU “ACCEPT” THE FOLLOWING TERMS AND CONDITIONS, YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH swiftrecoveryinc.  IN ORDER TO USE THE SERVICE, YOU MUST ACCEPT ALL OF THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SEEK THE ADVICE OF AN ATTORNEY BEFORE YOU “ACCEPT’ THE FOLLOWING TERMS AND CONDITIONS.

Part One: Terms Governing Use of the Service

1. SwiftRecovery Account Registration.

In order to use the Service an SwiftRecovery account (“SwiftRecovery Account”) must be created. For purposes of creating and maintaining the SwiftRecovery Account we will gather data from forms inside and outside the website, from the third-party invoicing application that you use in conjunction with SwiftRecovery, or via phone or email, including but not limited to the following:

1. Your name and other personal information;

2. Login credentials for your current invoicing or accounting application;

3. Information about your business including billing information and credit card details;

4. The Social Security Number or Employer Identification Number of each of your customers (if we are to perform services with respect to each such customer); and

5. The full balance owed on each outstanding Account (defined below) of your customer, including any late fees.

You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date.

Both individuals and businesses may register for an SwiftRecovery Account.

In the case of a company, partnership or other legally recognized business, you must provide accurate and complete information about yourself as well as the business. You can only sign up to use the Service on behalf of a legally recognized business if you are authorized to act on behalf of the business and have the authority to bind the business to this Agreement. In order to sign up a business to use the Service, you must agree to this Agreement on behalf of the business. If you have so agreed, “you” means you, the natural person, as well as the business.  In certain instances, SwiftRecovery may require an individual owner(s) of a legally recognized business to guaranty the obligations of such business under this Agreement.

By creating an SwiftRecovery Account, you confirm that you are either a legal resident of the United States, a United States citizen or a business entity authorized to conduct business in each state in which it operates. The Service and your SwiftRecovery Account may only be used in the fifty states of the United States of America and the District of Columbia. You may not export the Service directly or indirectly, and you acknowledge that the Service may be subject to export restrictions imposed by United States law, including United States Export Administration Regulations (15 C.F.R. Chapter VII).

2.  Service Description.

We will perform the Service on the accounts receivable referred to us by you (“Accounts”).  Accounts denoted as “Stage 1″ or “Current” or “Stage 2″ or “Past Due” Accounts are those Accounts that are not yet in default where “first-party” actions will be performed in your name.  In Stages 1 and 2, SwiftRecovery will, at your direction, perform actions on your behalf to help you get paid.  Such actions may consist of sending printed materials, emails or placing phone calls to your customers on your behalf and in your name.

Accounts you submit that are denoted as “Stage 3″ or “Default” Accounts are those Accounts we will refer to our third-party collection service company partner (“Agency”) and allow our Agency partner to seek payment on your behalf.  Such service will be conducted consistent with Agency’s normal collection efforts, including letters and telephone calls to your customer all of which will be performed in a professional and courteous manner, and in accordance with the Fair Debt Collections Practices Act.

On Stage 3 Accounts, SwiftRecovery will act as the coordinator of the process and will receive payments collected by Agency from your customers then forward such payments to you, less applicable fees payable to Agency and SwiftRecovery (fees are disclosed here).

Agency will use its own name in all communications and transactions with your customers on Stage 3 Accounts.  In order for Agency to serve in this role, you must enter into certain agreements with Agency (an “Agency Agreement”).  If you fail to enter into an Agency Agreement, we may suspend or terminate your SwiftRecovery Account or refuse to perform any service with respect to Stage 3 Accounts.

3. COMMERCIAL ACCOUNTS ONLY.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDED BY swiftrecoveryinc IS ONLY WITH RESPECT TO, AND WE WILL ONLY SERVICE, ACCOUNTS THAT ARE COMMERCIAL DEBTS.  WE WILL NOT ASSIST YOU WITH COLLECTING “CONSUMER DEBT” (AS SUCH TERM IS DEFINED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT [THE “FDCPA”]).  WE RESERVE THE RIGHT TO REJECT AN ACCOUNT FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, BECAUSE IT IS A CONSUMER DEBT.

4. Third-Party Applications.

We are relying on the data that comes to us via third party invoicing and accounting applications (each a “Third-Party Application”) in performing the Service.  In providing the Service, we are relying on you to maintain and accurately enter your data in the Third-Party Application.

We will not validate any debts, customer names, whether a debt is of a commercial or consumer nature, or any other information provided by you via the Third-Party Application.

In no event shall SwiftRecovery by liable for any errors, mistakes, or inaccuracies in the content entered into the Third-Party Application or in connection with any interruption of the Third-Party Application.

5. Verification and Inspection.

If your request to open an SwiftRecovery Account is approved, SwiftRecovery may request additional information from you at any time. If you refuse any of these requests, the Service may be suspended and/or your SwiftRecovery Account may be terminated. We reserve the right to suspend or terminate the SwiftRecovery Account of any user who provides inaccurate, untrue, or incomplete information, or fails to comply with the SwiftRecovery Account registration requirements or this Agreement.

6. Unauthorized or Illegal Use.

We may decide not to authorize or settle an Account that you submit to us if we believe that the Account is in violation of any SwiftRecovery agreement, or exposes you, other SwiftRecovery users, or SwiftRecovery to harm. Harm includes, but is not limited to, fraud and other criminal acts. If we reasonably suspect that your SwiftRecovery Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your SwiftRecovery Account, and any of your transactions with law enforcement.

7. Communications regarding Customer Payments; Bankruptcy.

You will promptly notify us upon receiving a notice of bankruptcy concerning any Accounts. If one of your customers files for bankruptcy protection we must immediately stop the Service with respect to such customer.  This is very important. You will also promptly update your Third-Party Application upon receipt of any payments on any Accounts.

8. Our Fees.

You agree to pay the applicable fees on our Fee Schedule section here as well as those listed in your Individual Terms Addendum, incorporated herein by reference (“Fees”). Subject to the terms of this Agreement, we reserve the right to change the Fees listed on our Fee Schedule section. If we change our Fees, we will give you at least ten (10) days notice of any change. You will not be permitted to continue to use the Service unless you “accept” the change in Fees. To withdraw your acceptance, you will need to decline the usage items associated with Fees, which may make your usage of the Service less effective. All Fees, charges, and payments collected or paid through the Service are denominated in US dollars.

Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement.

Any amount due that is not paid when due and payable will bear interest until paid at a rate of interest equal to four percent per annum more than the prime rate established from time to time by Citibank, N.A. in New York, New York; provided, however, that in no event will such interest rate exceed the maximum rate of interest allowed by applicable law.  You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.

9. Certain Authorizations.

• Charge your credit card for Fees. You authorize us to charge any credit card you have on file with us for any Fees that you have incurred.

• Deposit Net Funds Received (Stage 3). In the event an Account is transmitted to Agency and third-party collection activities are successful in securing partial or full payment directly to SwiftRecovery and/or Agency, SwiftRecovery and/or Agency will deduct the Contingency Fee listed in the Fee Schedule section from such partial or full payment and remit the balance to you via check to the address on file within one week of the funds being available in our depository account.

The foregoing authorizations will remain in full force and effect until your SwiftRecovery Account is closed or terminated.

10. Your Liability for Chargebacks.

The amount of a Payout may be charged back to your credit card on file (a “Chargeback”) if the underlying payment from your customer (a) has a “stop payment” issued, (b) does not “clear” due to insufficient funds, (c) is otherwise disputed by your customer, (d) was not authorized or we have any reason to believe that the payment was not authorized, or (e) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.

11. Our Collection Rights for Chargebacks.

For any transaction that results in a Chargeback, we may charge the amount of any Chargeback, any associated Fees, and any fines, penalties or other charges assessed by our financial institution to your credit card on file. If you have pending Chargebacks, we may delay Payouts. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all deficit balances unpaid by you.

12. Excessive Chargebacks.

If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your SwiftRecovery Account, including without limitation, by (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying Payouts, and/or (d) terminating or suspending the Service.

13. SwiftRecovery Processing Errors.

We will attempt to rectify processing errors that we discover. Subject to Section 10 of this Agreement, if an error results in your receipt of less than the correct amount of funds to which you are entitled, SwiftRecovery will promptly credit your credit card on file with the amount of the underpayment once we are aware of the error. If an error results in your receipt of more than the correct amount of funds to which you are entitled, you authorize us to debit the extra funds from your credit card on file.

14. Availability of Funds.

Should SwiftRecovery need to conduct an investigation or resolve any pending dispute related to your SwiftRecovery Account, we may defer Payouts for the entire time it takes for us to do so. We also may defer payout as required by law or court order, or if otherwise requested by law enforcement or governmental entity.

15. SwiftRecovery Account History.

When we make a payment to you, we will provide you a payment confirmation. The confirmation will serve as your receipt.

Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your SwiftRecovery Account and your use of the Service, and (b) reconciling all payment information that is associated with your SwiftRecovery Account. If you believe that there is an error or unauthorized activity is associated with your SwiftRecovery Account, you agree to contact us immediately.

16. Refunds.

While we will do our best to make your experience a good one, there are very few occasions where we can refund a service that you have paid for with SwiftRecovery. Here are a few of the instances where a refund may be possible:

• If a printed reminder or thank-you note is in error, and that error is our fault.

• If a pre-collections (final notice) letter is in error, and that error is our fault.

In the event a Stage 3 Account is transferred to Agency there are no refunds on Fees due Agency and SwiftRecovery on such Accounts, except as may otherwise agreed by Agency.

17. Your Liability for Stage 3 Accounts.

You must approve each referral of an Account to a 3rd party collections Agency. By approving referral of of an Account to an Agency, this means you are requesting us and therefore Agency to work on that Account on your behalf and attempt to get your money.

The Agency will begin working immediately upon receipt of this Account from us, and will expend a great deal of effort to obtain payment on your behalf. Because this is a contingency relationship (i.e., you only pay upon success) it is critical that you do not use Stage 3 unless you are aware of the terms and conditions associated with the Agency accepting your Account.  For example, you cannot terminate the Agency’s collection activities and thereafter receive payment from your customer and not be liable for the applicable Fees.

After an Account goes to Agency, if ANY money is collected by you, by Agency or otherwise, you owe the Fees described on the Fee Schedule section here.

If your customer pays you in any way other than through the Agency or SwiftRecovery, you still owe SwiftRecovery and Agency the applicable Fees.  If your customer returns the merchandise to you, thus paying some or all of the balance due on the Account with that merchandise, you still owe SwiftRecovery and Agency the applicable Fees. If you decide to write off the balance for any reason, you still owe SwiftRecovery and Agency any applicable Fees. If the Agency returns the Account to us, no further Contingency Fees will be due on that Account.

In the event an Account is transmitted to Agency and a subsequent change of balance is detected for that Account in the Third-Party Application, that change in balance will be assumed to represent money collected and SwiftRecovery will automatically charge the applicable Fees. You are responsible for monitoring your SwiftRecovery Account and Third-Party Application and ensuring that any changes in balance for an Account that has been transmitted to Agency are correct. You must notify us of any errors related to Fees within five (5) business days of the day the change in balance takes place. Failure to notify us of such an error will be deemed a waiver of any right to dispute amounts charged.

18. Taxes.

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

19. Customer Service.

You are solely responsible for all customer service issues relating to your goods or services, including returns, refunds and adjustments, rebates, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate and distinct person or entity from us.

20. Your Privacy.

Your privacy is very important to SwiftRecovery. Upon acceptance of this Agreement you confirm that you have read, understood and accepted SwiftRecovery’s Privacy Policy located here.

21. Disclosures and Notices.

You agree that SwiftRecovery can provide Disclosures and Notices required by law and other information about your SwiftRecovery Account to you electronically by posting it on the Website, or emailing it to the email address listed in your SwiftRecovery Account. You also agree that electronic Disclosures and Notices have the same meaning and effect as if we had provided you with a paper copy. Such Disclosures and Notices are considered received by you within 24 hours of the time it was posted to our Website, or emailed to you unless we receive notice that the email was not delivered. It is your responsibility to ensure that emails from SwiftRecovery are white-listed and not blocked by SPAM filters or other blocking mechanisms.

22. Security.

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

23. Termination.

If your SwiftRecovery Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by the terms and conditions of this Agreement to the extent such terms and conditions by their nature extend beyond the termination of your SwiftRecovery Account (e.g., those related to Taxes) , (b) that the license provided under this Agreement shall end, (c) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (d) that SwiftRecovery shall not be liable to you or any third party for termination of access to the Service or deletion of your information or account data.

24. Your Right to Terminate.

You may terminate this Agreement only as described in your Individual Terms Addendum. Upon closure of your SwiftRecovery Account, you will lose access to all data in the account and any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid to you according to the time schedule set forth in this Agreement. If an investigation is pending at the time you close your SwiftRecovery Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.

25. Suspension or Termination by Us.

We may suspend the Service and/or terminate this Agreement and close your SwiftRecovery Account for any reason or no reason at any time upon notice to you unless otherwise provided in your Individual Terms Addendum. If we suspend or terminate your account without cause, we will refund a prorated portion of your Subscription Fee. We will not refund or reimburse you if there is cause, like a violation of the Terms and Conditions.

26. Effect of Termination.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.

Stage 3 Accounts that have been referred to the Agency will continue to be pursued by the Agency, and any applicable Fees will continue to apply after termination by you, until full payment is received or the Account is referred back to us by Agency.

Part Two: Additional Legal Terms

27. Certain Limitations.

While we want you to enjoy the Service, you may not, nor may you permit any third party to do any of the following: (i) access or attempt to access SwiftRecovery systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from SwiftRecovery; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service; or (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure.

28. Ownership.

SwiftRecovery reserves all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. SwiftRecovery owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service. This Agreement does not grant you any rights to SwiftRecovery’s trademarks or service marks.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SwiftRecovery under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SwiftRecovery does not waive any rights to use similar or related ideas previously known to SwiftRecovery, or developed by its employees, or obtained from sources other than you.

29. Indemnity.

You will indemnify, defend and hold us harmless (and our past, present, and future employees, managers, officers, members, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or Agency Agreement; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; (f) any other party’s access and/or use of the Service; (g) the validity and lawfulness of your claim against your customer; or (h) the Account arising out of a “debt” (as such term is defined under the FDCPA).

30. Representation and Warranties.

You represent and warrant to us at the time this Agreement is accepted by you and at all times while this Agreement is in effect that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you sell goods and services; (d) each Account submitted by you represents a bona fide sale by you and is due and owing; (e) you are legally entitled to recover the amounts due and owing on each Account submitted by you; (f) you have no knowledge of any Account submitted by you being discharged or pending in bankruptcy, being owed by a deceased individual, or subject to any court order or other prohibition against collecting on such Account; (g) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (h) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; (i) no Account relates to a “debt” as such term is defined under the FDCPA; (j) all Accounts arise out of a commercial debt incurred for business, commercial, investment or similar purposes.

31. No Warranties.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, swiftrecoveryinc, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

swiftrecoveryinc DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND swiftrecoveryinc WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

32. Limitation of Liability and Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL swiftrecoveryinc (OR ITS AFFILIATES, AGENTS, MANAGERS, OFFICERS, MEMBERS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL swiftrecoveryinc BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR swiftrecoveryinc ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, swiftrecoveryinc (AND ITS AFFILIATES, AGENTS, MANAGERS, OFFICERS, MEMBERS, AND EMPLOYEES) ASSUME 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 OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL swiftrecoveryinc (OR ITS RESPECTIVE AFFILIATES, AGENTS, MANAGERS, OFFICERS, MEMBERS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF swiftrecoveryinc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. SwiftRecovery makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

33. Disputes.

Except for any other agreement between you and SwiftRecovery or to which both of us are a party (each a “Separate Agreement”), these terms are a complete statement of the agreement between you and SwiftRecovery, and describe the entire liability of SwiftRecovery and your exclusive remedy with respect to your access and use of the Service. To the extent the terms of this Agreement and the terms of a separate agreement are inconsistent, the terms of this Agreement shall be deemed to control to the extent of the inconsistency.  If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

34. Governing Law.

This Agreement is governed by Texas law as applied to agreements entered into and to be performed entirely within Texas, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in Dallas County, Texas or the United States District Court for the Northern District of Texas. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that SwiftRecovery may have under trade secret, copyright, patent or other laws. SwiftRecovery’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. SwiftRecovery shall not be deemed to have waived a right or remedy under this Agreement unless acknowledged in writing by an authorized representative of SwiftRecovery.

35. Limitation on Time to Sue.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

36. Right to Amend.

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our Website at swiftrecoveryinc.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

37. Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SwiftRecovery without restriction.

38. Third Party Services and Links to Other Web Sites.

You may be offered services, products and promotions provided by third parties and not by SwiftRecovery (collectively, “Third Party Services”). If you decide to use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that SwiftRecovery is not responsible for the performance of these services. The Website may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by SwiftRecovery. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. SwiftRecovery expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Website, is subject to that website’s own rules and policies.

39. Modification of Terms of Service.

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the software or services with notice that we in our sole discretion deem to be reasonable in the circumstances, including notice on our Website at swiftrecoveryinc.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement, and communicate to you. Any use of our software or services after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

40. Other Provisions.

Except as provided in a Separate Agreement, these terms are a complete statement of the agreement between you and SwiftRecovery with respect to the provision of payment services. In the event of a conflict between this Agreement and any other SwiftRecovery agreement, policy, or Separate Agreement, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

41. Survival.

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 5, 9, 11-15, 19, 28-35.

The Subscription Fee is billed in advance on a monthly basis as set forth in your Individual Terms Addendum. The Subscription Fee is non-refundable. There are no refunds or credits for partial months of service or months unused.

In addition, if you direct SwiftRecovery to perform certain actions on your behalf, you will be charged Action Fees on a “per action” basis as described below:

Collections Contingency Fee

If you direct the Service to send Accounts to Collections, you will be obligated to pay a contingency fee. The contingency percentage will be determined by the balance due on the Account at the time it is referred to Agency. The contingency fee payable on each Account will be the product of the amount actually collected by the Agency multiplied by the applicable percentage below:

For example, if you have an invoice with an outstanding balance of $6,000 at the time it is referred to the Agency for Stage 3 collection activities, and the Agency recovers $4,000, the amount of the contingency fee will be $1,200 ($4000 * .30). Note that there are no “per action” fees charged for actions performed by our third party collections agency partner for Accounts that you have directed the Service to send to Collections.