Welcome to swolemate LLC’s Terms and Conditions of Use (the “Terms”) for our website https://getswolemate.com/ (the “Site”). The Terms, together with our Privacy Policy, constitute a binding agreement between you and swolemate LLC (“swolemate,” “we,” or “us”). Please take a few moments to read these legally binding Terms before enjoying the Site.
1. USER CONTENT
Users of swolemate will share content via the website. User Content belongs to the user who shared the content and is stored on our servers and shared with other users at the direction of the one providing the User Content. You represent and warrant that you own or control all rights, including without limitation intellectual property rights, to your User Content; that your User Content will not violate the rights of others, including but not limited to intellectual property and other proprietary rights; and your User Content do and will comply with these Terms. You give us permission to use, reproduce, modify, perform, display, distribute, or otherwise disclose your User Content to provide, maintain and advertise the Site and our services.
You do not have any rights in relation to others’ User Content, and you may only use other swolemate users’ personal information to the extent that your use of it matches swolemate’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your profile if you misuse other users’ information.
2. RESTRICTIONS ON THE SITE
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name and real age in creating your swolemate account and on your profile;
keep the contact information for your account accurate and current; and
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk, harass or harm any other user;
create or operate a pyramid scheme, fraud or other similar practice;
send junk mail or spam;
use any device, software or process that will damage, interfere with, monitor or copy the Site, including but not limited to robots, spiders, viruses, Trojan horses, worms, logic bombs, spyware and other malware; or
attempt to gain access to the Site for any purpose not authorized in these Terms.
YOU UNDERSTAND THAT SWOLEMATE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SWOLEMATE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. SWOLEMATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. SWOLEMATE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release swolemate and its owners, partners, officers, directors, employees, successors, licensors, licensees, affiliates, contractors, service providers representatives and agents from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your use of and interactions with or conduct of other users of the Site.
3. PRIVACY
For information about how swolemate collects, uses, and shares your personal data, please check out our Privacy Policy. By using swolemate, you acknowledge that we may use such data in accordance with our Privacy Policy.
4. DISCLAIMER
THE SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE, OUR CONTENT, ANY USER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SWOLEMATE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. SWOLEMATE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS.
5. LIMITATION OF LIABILITY
NEITHER US NOR ANY OF SWOLEMATE’S OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, LICENSORS, LICENSEES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, REPRESENTATIVE OR AGENTS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, OUR CONTENT, OR ANY USER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
6. INDEMNIFICATION
Your actions, use of the Site and User Content, and the information you post on the Site remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our owners, partners, officers, directors, employees, successors, licensors, licensees, affiliates, contractors, service providers, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with your: access and use of the Site, including the User Content you post; negligent acts, omissions or willful misconduct; violation of any applicable law, including rights of third parties; and any breach of these Terms.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
7. TERMINATION AND REMEDIES
This Agreement commences on the date you accept them (as described in the preamble) and continue until terminated as explained below.
If you want to terminate our Agreement, you may do so by notifying swolemate at any time. Your notice should be sent to swolemate’s email address (helloswolemate@gmail.com). Please note your termination will go into effect within 24 hours of receipt of the notice.
Swolemate may terminate or suspend the Agreement, including your account, if you breach these Terms or if swolemate is required to do so by applicable law. You agree that all terminations for cause shall be made in swolemate’s sole discretion and that swolemate shall not be liable to you or any third party for any termination of your account.
In the event that swolemate determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the site, swolemate reserves the right to: (a) warn you via email (to any email addresses you have provided to swolemate) that you have violated the Terms; (b) delete your User Content; (c) discontinue your account; (d) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) pursue to any other action which swolemate deems to be appropriate.
Termination of the Agreement or your account includes the removal of your information from swolemate, and all related information and content associated with or inside your account.
All provisions of these Terms, which by their nature should survive, shall survive termination, including, without limitation, the ownership provisions, warranty disclaimers, limitation of liability, and indemnification.
8. GOVERNING LAW AND FORUM.
These Terms and all matters relating to the Site shall be governed and interpreted by the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Site or these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York City and any of Bronx County, Kings County, New York County, Queens County and Richmond County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. MISCELLANEOUS
There are a few more things we need to mention before you can use swolemate.
These Terms, together with our Privacy Policy, may be amended from time to time and constitute the entire agreement between you and swolemate. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from swolemate is free of viruses or other harmful components. You accept that swolemate will not be provided uninterrupted or error free, that defects may not be corrected or that swolemate, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Swolemate is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and swolemate may take place via electronic means, whether you use the site or send swolemate emails or whether swolemate communicates with you via email. You agree to receive marketing communications about swolemate events, and can opt-out at any time by replying “unsubscribe”. For contractual purposes, you (a) consent to receive communications from swolemate in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that swolemate provides to you electronically satisfy as if it were in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.
As swolemate grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this, then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of swolemate following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using swolemate immediately.
Effective date
The Terms were last updated on: May 12, 2023.