Effective Date: January 1, 2007.
 
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

Please read these terms of use (sometimes “Terms of Use”) carefully. Please also read our Privacy Notice. Swift Healthcare has established these Terms of Use for Swift Healthcare (http://swifthc.swiftorder.com/l). By using the Site, you agree to be bound by the Terms of Use, including our Privacy Notice. Any unauthorized use of the Site or its content is prohibited.

If you do not agree with any of these Terms of Use, do not use the Site.

You are responsible for regularly reviewing the Terms of Use. Swift Healthcare may revise any terms on this Site at any time without notice. Updated versions of the Terms of Use will appear on this Site and are effective immediately. By using the Site, you are agreeing to be bound by the then current version of these Terms of Use. If you are concerned about the Terms of Use of this Web site, please check back at this page on our web site periodically.

Users of the Site (sometimes “you”) shall not access or use the Site from territories where its contents or use are illegal, restricted or prohibited by law. Swift Healthcare is not responsible for your access or use from such a territory. By accessing the Site, you not only agree to be bound by these Terms of Use, you also agree to be bound by all applicable laws and regulations (including export and re-export control laws), and you agree that you and you alone are responsible for compliance with any applicable local laws.

Swift Healthcare produces this Site. The content of this Site is protected under applicable copyright and trademark laws including without limitation United States federal laws.

Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

You have permission to temporarily download one copy of the materials on the Site for transitory viewing only. Except as provided in the proceeding sentence, you are not allowed to use the site for any commercial purpose. This is the grant of a limited, revocable license, not a transfer of title, and under this license you may not: (1) modify or copy the materials, use the materials for any commercial purpose, except as provided above, or for any public display (commercial or noncommercial); (2) attempt to decompile or reverse engineer any software contained on the Site; (3) remove any copyright or other proprietary notations from the materials; (4) transfer the materials to another person; or (5) “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Swift Healthcare at any time, in its sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any “robot,” “spider,” other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted in these Terms of Use. You may not use or otherwise export or re-export the Site or any portion thereof, the content or any software available on or through the Site in violation of the export control laws and regulations of the United States of America.

Because of the possibility of human and mechanical error as well as other factors, Swift Healthcare is not responsible for any errors in or omissions from the information contained in or accessed through this Site. Swift Healthcare shall not be liable for any damages or injury resulting from users’ access to or inability to access this Site or from reliance on any information at this Site.

Swift Healthcare does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Swift Healthcare does not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. Swift Healthcare may make improvements and/or changes to its features, functionality or content at any time.

ALL INFORMATION ON OR FROM THIS SITE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND.

SWIFT HEALTHCARE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT THEREON. SWIFT HEALTHCARE AND ITS AFFILIATES DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

LIMITATION OF LIABILITY. SWIFT HEALTHCARE AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO YOU AND/OR ANY THIRD PARTY. SWIFT HEALTHCARE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE. SWIFT HEALTHCARE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS OR LOST OPPORTUNITY) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT EVEN IF SWIFT HEALTHCARE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, SWIFT HEALTHCARE (‘S) AND/OR ITS AFFILIATES’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO USD $1.00.

Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.

This Site may provide links or references on the Site to other Web sites. Swift Healthcare may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. Swift Healthcare provides these links or references as a convenience only. Swift Healthcare is not responsible for the privacy practices or the content of linked or referenced sites. Any reference to a hypertext link obtained from this Site, or to a specific product, process, location or service, does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between Swift Healthcare. and anything found at any such linked site, including, but not limited to, any organization, product, process, service or other information. Furthermore, your linking to another site is entirely at your own risk. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of Swift Healthcare .

As with the Site itself, in no event shall Swift Healthcare, its parent, affiliates, divisions, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Site, even if informed of the possibility of such damages.

Swift Healthcare intends to leave each visitor to the Site with the decision of whether or not to forward personal or other information to Swift Healthcare, subject to these Terms of Use and our Privacy Notice. Unless expressly agreed in a separate writing signed by an officer of Swift Healthcare , any information, data, material or other information you provide, transmit or post to this Site or to Swift Healthcare (“Submitted Information”) will be considered non-confidential and non-proprietary. If Swift Healthcare receives information via this Site, the Internet, fax or mail, Swift Healthcare will treat it as if it were an authorized transmission, and except as otherwise stated in our Privacy Notice. Swift Healthcare reserves the right to use and reproduce such information for any purpose whatsoever.

Except as expressly stated in our Privacy Notice, Swift Healthcare will have no obligations with respect to the Submitted Information. You may not transmit or post anything to this Site that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.

Under no circumstances, should you use our Site or any of the fax and mailing addresses on the Site to send Swift Healthcare confidential or proprietary information. Unless expressly agreed in a separate writing signed by an officer of Swift Healthcare. Swift Healthcare does not want to receive confidential or proprietary information from you. All information and data you submit shall be deemed to be non-confidential and non-proprietary, and except as expressly set forth in our Privacy Notice. Swift Healthcare shall be free to disclose and use, without any obligations whatsoever towards you, for any purpose and through any means.

Certain sections of this Site may require you to register. If registration is requested, you agree to provide Swift Healthcarewith accurate, complete registration information. It is your responsibility to inform Swift Healthcare of any changes to that information by accessing the registration portion of the Site. Unless otherwise indicated, each registration is for a single user only. While Swift Healthcare does not encourage any other person using the registered sections under your name, you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Swift Healthcare immediately by emailing. Notwithstanding this provision, Swift Healthcare makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registration.

Except as expressly stated in our Privacy Notice, by uploading content to, or submitting any materials for use on the Site, including Submitted Information, you grant (or warrant that the owner of such rights has expressly granted) Swift Healthcare a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, for the full term of any copyright that may exist in such content and all copyright extensions. You also permit others to access, view, store or reproduce the content for their personal use. Subject to this grant, the owner of content placed on our Site retains any and all rights that may exist in such content.

Except as expressly stated in our Privacy Notice, you are solely liable for any Submitted Information. You agree to indemnify, defend and hold harmless Swift Healthcare from any claim, action, demand, loss, or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Site, the Submitted Information, or your violation of any rights of a third party.

Swift Healthcare may invite you to participate in online surveys, or give us personal information. Unless otherwise stated, participation is voluntary. See our Privacy Notice for additional information regarding our information collection and disclosure practices. From time to time, Swift Healthcare may provide coupons, or run sweepstakes, drawings or other promotions on the Site. These promotions are subject to additional terms and conditions that will be made available at the time of such provision or competitions. Web coupons are limited to one coupon per person, per visit except for occasional ‘no purchase required’ coupons, which are limited to one free item per household, per offer. Any attempt to redeem more than one coupon per offer constitutes fraud.

Unless otherwise agreed in a separate writing signed by a Swift Healthcare designated representative, linking to the Site is allowed only under the conditions listed below and in these Terms of Use. You may provide a hypertext link to this Site on another Web site, provided that (1) the link must be a text-only link clearly marked “Swift Healthcare Home Page”, and pointing to the Site’s home page; any links pointing to subsections of the Site are strictly prohibited; (2) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Swift Healthcare’s name and trademarks, or the Site, (3) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Swift Healthcare, (4) the link, when activated by a user, must display this Site full-screen and not within a “frame” or similar technology on the linked site, and you do not remove or obscure, by framing or otherwise, advertisements, the copyright Notice, or other Notices on this Site, and (5) Swift Healthcare reserves the right to revoke its consent to the link at any time in its sole discretion.

If you link to the Site, you must give Swift Healthcare prior Notice of such link by sending an e-mail, and you must agree to discontinue providing links to this Site if requested by Swift Healthcare. If you wish to provide links to a section within the Site, you should forward your request to Swift Healthcare Notwithstanding this, you may not provide links to a section within the Site without the prior express written permission signed by an officer of Swift Healthcare.

The trademarks, service marks, logos and graphics (the “Trademarks”) appearing on this Site are, unless otherwise identified, sometimes registered and sometimes unregistered trademarks of Swift Healthcare, one of Swift Healthcare(‘s) related entities, or a third party with whom Swift Healthcare may or may not have a business or other relationship. Product names used on this Site are for identification purposes only and may likewise be the trademarks of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on this Site. Any use of Swift Healthcare(‘s)Trademarks or linking to this Site must follow the terms set out in these Terms of Use. If you are unsure whether a trademark, service mark, logo or graphic is the property of or under a license to Swift Healthcare, or if you have any questions about the use of Swift Healthcare(‘s)Trademarks, please contact Swift Healthcare(‘s) legal department by telephone or by email. Swift Healthcare vigilantly enforces its intellectual property rights, and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

Notwithstanding anything in these Terms of Use, Trademarks may not be modified. Any rights not expressly granted herein are reserved. Any use of Trademarks is strictly prohibited without prior written consent from Swift Healthcare and/or the owner or licensee of the Trademarks.

Swift Healthcare claims copyright in this Site to the fullest extent allowed by applicable law. The works of authorship contained in this Site and the domain company url address, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by Swift Healthcare and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Swift Healthcare (‘s) prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright Notice. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.

Swift Healthcare reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Swift Healthcare(‘s) Sites and their features. Swift Healthcare. reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action Swift Healthcare deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

These Terms of Use incorporate by reference any Notices contained on the Site itself, including the Privacy Notice, (but not on sites to which this Site may link), and constitute the entire agreement with respect to access to and use of the Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions, and shall not affect the validity and enforceability of the remaining provisions.

Swift Healthcare will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to appropriate enforcement authorities. You are advised that Swift Healthcare will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Thank you for taking the time to read our terms and conditions.

©2007 Swift Healthcare - All rights reserved.