Terms and Conditions

Last Updated: July 16, 2015

Welcome to the Switch ("SwitchTech" or the "Company") application (the "App"). By downloading, accessing, browsing or using this App, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these "Terms"). If you do not agree to these Terms, you should not use or access this App. Switch reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the App because your use of the App after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the App. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the App and to change, suspend or discontinue any aspect of the App and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the App or restrict your access to part, or all, of the App without notice or penalty. Your continued use of the App will constitute your acceptance of any such changes.

1. Use of the App

You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the App.

We require all Members to agree not to use the App, and specifically prohibit any use of the App, for any of the following purposes:

  1. Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
  2. Posting any information which is untrue, inaccurate or not your own
  3. Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
  4. Attempting to interfere in any way with the App's or Switch's network security, or attempting to use the App's service to gain unauthorized access to any other computer system

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.

You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

2. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, services, or your use of certain portions of the App ("Additional Terms"), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

3. Membership

The App is available to registered users who are 18 years and older and who have not been suspended or removed by Switch for any reason (a "Member"). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice. Membership is void where prohibited by law.

4. Product and Services Information; Limitations on Access

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the App is complete and reliable. Certain information may contain errors, including pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit access to portions of the App by Members and to revise, suspend, or terminate an event or promotion at any time without notice. We do not guarantee that all products or services described on our App will be available.

5. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the App are the property of Switch or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the App. Switch and the Switch logo are trademarks of Switch. All other trademarks are the property of their respective owners. All of our App's content is Copyright 2014 SwitchTech, Inc. All rights reserved.

6. Submitted Content

SwitchTech does not claim ownership of any materials you make available through the App. With respect to any materials you submit or make available for inclusion on the App, you grant Switch a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant SwitchTech the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. SwitchTech will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Disclaimers

You assume all responsibility and risk with respect to your use of the App. THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS APP OR A "LINKED" APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, SWITCH DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS APP IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Switch makes no warranties of any kind regarding any non-Switch Apps to which you may be directed or hyperlinked from this App. Hyperlinks are included solely for your convenience, and Switch makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Switch Apps. Switch does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the App.

8. Indemnification

You agree to indemnify, hold harmless, and defend Switch, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys' fees, in any way arising from or related to your use of the App, your violation of these Terms or the Privacy Policy, content posted to the App by you, or your violation of any law or the rights of a third party.

9. Limitation of Liability

IN NO EVENT SHALL SWITCH, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS APP BE LIABLE TO ANY USER OF THE APP OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE APP, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SWITCH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SWITCH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS APP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS APP, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO SWITCH IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the App. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

10. International Use

We control and operate the App from the United States of America. We make no representation that materials on the App are appropriate or available for use outside the United States of America. If you choose to access this App from outside the United States of America, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Risk of Loss

Any merchandise purchased from our App will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

12. 3rd Party Applications

Within the App there may be links to third-party websites, services, or other activities that are not controlled or owned by Switch. Links to third-party sites are included as a convenience to users. Importing information from your LinkedIn profile does not represent any affiliation between Switch [or the App] and Linkedin. Switch does not store your login username and password of any other third party service. Specifically, Switch [or The App] does not store your LinkedIn username and password if they were entered by you into the Linkedin web login page within the Switch App on its servers, it only stores the information which was included on your LinkedIn profile at the time you requested to import it into your Switch profile. Such information only includes: your work history (companies, years and position titles), and education history (education institutions, years graduated if specified, degree obtained). You may have the ability to import data from other third-party entities into App, and through your use of the App you affirm that any information brought into the App is done so by your own volition and with your discretion. Each third party website linked from the App has its own terms and conditions which will apply to you and are separate from the Terms and Conditions specified herein. You expressly relieve Switch from any and all liability arising from your use of any third-party website, application, service or content. Switch will not share any of this information with any other 3rd party without express consent and request by you.

13. Copyright Infringement; Notice and Take Down Procedures

Switch specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this App infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim. Notifications of claimed copyright infringement should be sent to the following address:

SwitchTech Inc.
10 West 18th Street, 3rd Floor
New York, NY 10011
team@switchapp.com

To be effective, the notification must be in writing and contain the following information:

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online App are covered by a single notification, a representative list of such works at that App;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact us with any questions or concerns in connection with these Terms or the App, or to provide any notice under these Terms, please contact us at team@switchapp.com