This page states the TERMS AND CONDITIONS under which you may use this web site and its services and products. Please read this information carefully, and if you do not accept the Terms and Conditions stated here, do not use this web site or its services or products. By using this web site or its services or products you are indicating your acceptance to be bound by the terms of these Terms and Conditions.
In these Terms and Conditions this web site is hereafter referred to as "SwiftRaven.com" and the owner and operating company of Swift Raven Software is hereafter referred to as "Swift Raven Software".
Copyright Notice
Everything on this site is copyrighted. The copyrights are owned by Swift Raven Software or the original creator of the material. All contents of this Web Site, including graphics, logos, other images, tests, software, information and other "Material", are protected under both United States and foreign copyright, trademark and other laws.
The term "BlackBerry" is the registered property of Research in Motion Limited. All other Material is the property of Swift Raven Software.
General Rules of Web Site Usage
Users may not use this Web Site to transmit, distribute, store or destroy material: a) in violation of any applicable law or regulation, b) in a manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others, or c) that is defamatory, obscene, threatening, abusive, or hostile.
Refund Policy For Services And Products
Refunds and the decision on if a refund will be issued is at the sole discretion of Swift Raven Software management. As policy, refunds will not be issued for placed orders that contain incorrect information. It is the duty and responsibility of the customer to verify the information entered prior to submitting and paying for an order.
Redistribution of Purchase Services And Products
Services and products purchased from Swift Raven Software may not be redistributed for free or for sale.
Limitation of Liability
Swift Raven Software is not liable for any direct, indirect, special, incidental, or consequential damages arising out of the use, or the inability to use, the material on this site or its services or products. This includes but is not limited to the loss of data or loss of profit, even if Swift Raven Software was advised of the possibility of such damages.
Indemnity
You hereby agree to indemnify and hold Swift Raven Software and Research in Motion Limited harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorneys fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to and use of the Materials, including without limitation your failure to comply with the terms of this Agreement or any License Agreement.
User-Provided Information and Content
By providing information to, communicating with, and/or placing material on, Swift Raven Software, including for example communication during registration, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms and Conditions; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms and Conditions; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
Please note that Swift Raven Software does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Swift Raven Software. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Swift Raven Software regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Exclusive Venue
These Terms and Conditions are governed by the internal substantive laws of the United States and State of California, without references to rules governing choice of laws. Jurisdiction for any claims arising under this Agreement shall lie exclusively with a court of competent jurisdiction located within the County of Alameda located in the State of California, and you irrevocably consent to the jurisdiction of such court. Any legal action concerning these Terms or this Web site must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of California where our corporate headquarters are located.
Additional Terms of Use
Swift Raven Software reserves the right in its sole discretion to modify or delete any Material appearing on the web site or to terminate this web site without notice. Swift Raven Software may in the future alter or add to these Terms and Conditions, therefore please check this page for any changes to these terms.
The Swift Raven Software web site and its services and products may contain links to other web sites. Swift Raven Software are not responsible for the privacy practices, or the content of other web sites, or for the privacy policies and practices of other third parties.