Terms of Use

Date of Effect: 8/16/2022

Swampsignal.com (“Site”) is subject to the following terms and conditions (the “Terms”). You accept these Terms by using the Site or the Services. We always reserve the right to modify the Site and these Terms. Without more warning to you, the modifications will take effect as soon as they are posted here and are in effect going forward. All information that you give us or that we gather about you on our website is subject to the posted Privacy Policy, which is incorporated by reference. We are based in the United States of America, and American law will apply to your use of our website as well. There is a chance that the information offered is inappropriate or unavailable for use in other jurisdictions. If you access or use our website from another country, you do so voluntarily and are solely responsible for adhering to the laws in that country. To use the website or any services or products made available on or through it, you must be at least 16 years old.

Note:

THESE TERMS PROHIBIT YOU FROM PARTICIPATING IN CLASS ACTIONS AND INCLUDE AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES. It also has provisions that restrict our liability. In order to protect your rights in the event of a dispute between us, PLEASE REVIEW CAREFULLY.

Our Services and Your Involvement

On our website, we provide news, articles, trivia, polls and blogs that are up to date and intriguing. All of the content and information we put on the Site is our own or is subject to licenses. Our content may be copied and used in its entirety for non-commercial purposes, but commercial usage is not permitted. You own the content if you send it to us as part of a submission for publication on our website, such as comments, images, or information, but you have granted us permission to use, copy, display, and publish it on the site as well as in our marketing and newsletters. As a result, we may publish your work for public consumption and use it for marketing, advertising, and promotion of the Site as well as other business endeavors. You acknowledge that the use of your content is royalty-free and that we owe you no payments or other advantages as a result of utilizing it. You intend for your license to us to continue for as long as we utilize the content.

Because we may use your content, you agree to only send us materials that you are fully entitled to use and have the right to send to us for the purposes outlined in this section. Additionally, you affirm and guarantee that the intellectual property, privacy, publicity, and other legal rights of third parties are not violated or infringed upon by your content.

Your content may not be accepted or used by us, and we reserve the right to use it however we see fit. Anytime, for any reason, we have the right to remove your content.

Use of any services and the website.

Your use of any information, services, or goods accessed through links on the Site is at your own risk. All of the news stories, opinion blogs, links, services, and items on our site are the property of third parties over whom we have no control and are consequently exempt from liability. These are posted on the website for your convenience and to earn advertising income so we can keep publishing educational content like blogs and news stories. None of the services or goods you can find through the links have our endorsement. At your own risk, use these links and make purchases of goods and services.

Prohibited Behavior.

Our objective is to establish a secure and knowledgeable forum for the expression of all viewpoints and to spread information.

We forbid specific behavior that might be detrimental to other users or to our reputation in order to advance this goal.

The following are prohibited when using the Site or Services: (a) breaking any laws or regulations; (b) violating or infringing on the intellectual property, privacy, publicity, or other legal rights of others; (c) sending any material that is unlawful, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, or racist; (d) sending any malicious or unsolicited software; (e) stalking, harassing, or harming another

Information accuracy.

Regarding the caliber, correctness, or dependability of any content made available on or through the Site, we offer no guarantees.

Your reliance on any content made accessible on or through the Site or Services may result in loss or damage, for which we shall not be responsible.

At your own risk, use the Content.

Digital Millennium Copyright Act.

We honor other people’s rights to their intellectual property.

We will take down the offending content if we are made aware that someone else’s intellectual property rights have been violated.

If you think someone has violated your copyright by copying your work, please send us a notification of claimed infringement with all of the following details:

Identification of the allegedly violated copyrighted work or, in the case of many allegedly violated works covered by a single notification, a representative list of those works.

a reasonable enough description of the allegedly infringing material to enable us to find it on the Site.

information that is at least adequate to enable us to get in touch with you, like your address, phone number, and, if accessible, email address.

a declaration from you stating that you genuinely believe the disputed use is not permitted by the copyright owner, its agent, or the law.

a declaration from you that the details in your notification are true and that you are the copyright owner or have the right to act on their behalf, made under penalty of perjury; your written or digital signature.

After receiving your notice, we will get in touch with you within thirty (30) days, preferably sooner. We recognize that you are the author and the owner of your intellectual property, and we will cooperate with you to resolve all of your issues.

Disclaimer regarding Links

Links to websites operated by other parties may be found on our website. This does not imply that we support it or that we are associated with it, as was stated above. Any harm or loss resulting from the usage of any third-party websites is not our responsibility or liability. Before accessing a third-party website, you should carefully read the terms and conditions and privacy statement.

Termination.

We reserve the right to refuse service to any user on the Site.

Additionally, we have the right to revoke any user’s access to the Site whenever we see fit, for any reason, and at any time. Without a doubt, we will immediately stop allowing you to access the Site if you break any of these Terms.

Disclaimer and Liability Limitations.

THE SITE IS USED AT YOUR OWN RISK.

THE WEBSITE IS AVAILABLE “AS IS” AND “AS AVAILABLE”

WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). INCLUDING, BUT NOT LIMITED TO, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY THIRD PARTY WEBSITE OR RESOURCE ACCESSED THROUGH A LINK ON THE SITE, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE. We are not responsible for any of the following: (A) errors, omissions, or inaccuracies in the content; (B) bodily harm or property damage resulting from your access to or use of the site; (C) any unauthorized access to or use of our servers or any personal or financial information; (D) any interruption of transmission to or from the site or services; (E) any viruses, worms, Trojan horses, or the like that may be transmitted on or through the site by any

ADVERTISED OR OFFERS FOR SALE ON OR THROUGH THE SITE OR ANY LINKED WEBSITE BY THIRD PARTIES, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR SUCH PRODUCTS OR SERVICES.

ARISING FROM OR RELATING TO USE OF THE SITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE

Certain guarantees and the restriction or exclusion of liability for incidental or consequential damages are not permitted in some jurisdictions.

Therefore, you might not be covered by some of the aforementioned restrictions and exclusions.

Indemnification.

You agree to hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or related to: (a) your content’s provision and use; (b) your use of or distribution of any part of the Site; (c) your violation of these Terms of Use; or (d) your violation of any third party’s rights, including intellectual property rights. We reserve the right to assume exclusive responsibility for the defense and management of any situation that might otherwise be subject to indemnification by you at our expense. You will cooperate with us in such a defense in a reasonable manner if we take the defense.

Resolution of Conflicts and Governing Law.

Without regard to any principles or regulations governing conflicts of laws, the laws of the State of Ohio shall govern these Terms and be followed in their interpretation.

The procedures outlined in this Section 10 must be followed in order to resolve any controversy, claim, or dispute (a “Dispute”) that arises out of or relates to these Terms (or their interpretation, performance, or breach), the Site, including but not limited to alleged violations of state or federal statutory or common law rights or obligations.

In the event that we are unable to settle a dispute amicably, either party may request binding arbitration.

The JAMS Comprehensive Arbitration Rules and Procedures in effect as of the date of the dispute, including the Optional Appeal Procedure therein (“Arbitration Rules”), shall govern the commencement and administration of the arbitration.

A single impartial arbitrator chosen in line with the Arbitration Rules will preside over the arbitration in Ohio.

These Terms and any other agreements, including any applicable Additional Terms, shall govern the arbitrator’s decision.

No dispute may be arbitrated on a class-wide or representative basis; instead, the arbitrator may only rule on the specific issue at hand and is not permitted to combine or join the claims of other parties or individuals who may be in a similar situation.

YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO PARTICIPATE IN CLASS ACTIONS OR SIMILAR PROCEDURAL ACTIONS BY ENTERING INTO THESE TERMS.

Any claims arising from, connected to, or related to these terms must be asserted alone.

Punitive damages cannot be awarded by the arbitrator against any party.

Terms Severability and Waiver.

Any right or term of these Terms that we fail to execute or enforce shall not be deemed to have been waived by us. The parties agree that, even if a court of competent jurisdiction finds any provision of these Terms to be unenforceable, the court should still make an effort to give effect to the parties’ intentions as expressed in the provision, and the other provisions of the Agreement will continue to be in full force and effect.

Complete Agreement.

This Agreement supersedes all earlier agreements and governs your use of the Site. It is the complete agreement between you and us. The remainder of these Terms shall remain in effect if any part of these Terms is found to be unlawful under applicable law, in which case the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision.

Digital communications

You communicate with us electronically when you use our website or send us emails. You give us permission to communicate with you online. We may choose to contact you by conventional mail, email, or by posting notices, in addition to these other options. You acknowledge that all agreements, notices, disclosures, and other communications that we transmit to you electronically comply with all applicable legal requirements for written communications, including all legal notices and disclosures.