Privacy Policy

Last modified: March 16, 2025

Introduction 

Swab Consulting LLC (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Policy”).

This Policy describes the types of information We may collect from you or that you may provide when visiting the website https://swabconsulting.com/ (the “Website”) and our practices for collecting, using maintaining, protecting, and disclosing that information. 

This Policy applies to information We collect:

• On this Website; 
• In email, text, and other electronic messages between you and this Website; and 
• When you interact with our advertising and application on third-party websites and services, if those applications or advertising include links to this Policy. 

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by the Company or any third-party (including our affiliates and subsidiaries, as applicable); or
• Any third-party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from (or on) the Website.

Our other websites, if applicable, and these third-parties may have their own privacy policies, which We encourage you to read before providing information on or through them.

Please read this Policy carefully to understand our policies and practices regarding your information and how We will treat it. If you do not agree with our policies and practices, you have the option to not utilize the Website. By accessing or using the Website, you agree to the terms of this Policy. This Policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the Website after We make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children Under the Age of 13 

Our Website is not intended for children under 13 years of age. If you are under 18, you may use this Website only with the involvement of a parent or guardian. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, or make any purchases through the Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at swabconsulting@gmail.com.

Information We Collect About You and How We Collect It 

We collect several types of information from and about users of the Website, including information:

• By which you may be personally identified, such as name, postal address, telephone, or e-mail address (“Personal Information”);
• That is about you but individually does not identify you, such as demographic information; and
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us; 
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and
• When applicable, from third-parties. 

Information you Provide to Us. 

The information We collect on or through the Website may include:

• Information that you provide by filling in forms on the Website, including information provided at the time of registering to use the Website, posting material, or requesting further services. We may also ask you for information when you report a problem with the Website;
• Records and copies of your correspondence (including email addresses), if you contact us;
• Your responses to surveys that We might ask you to complete for research purposes; 
• Details of transactions you carry out through the Website and fulfillment of your orders. you may be required to provide financial information before placing an order through the Website; and
• Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies. 

As you navigate through and interact with the Website, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Usage Details. Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and
• Device Information. Information about your computer, internet connection, and mobile device, including your IP address, operating system, phone model, mobile network, device’s telephone number, and browser type.

The information We collect automatically is statistical data and does not include Personal Information, but We may maintain it or associate it with Personal Information We collect in other ways or receive from third-parties. It helps us to improve the Website and to deliver better and more personalized services, including enabling us to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize the Website according to your individual interests; 
• Speed up your searches; and
• Recognize you when you return to the Website.

The technologies We use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.

• Flash Cookies. Certain features of the Website may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, contact us at swabconsulting@gmail.com.  

• Web Beacons. Pages on the Website and our-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company to count users who have visited those pages, opened an email, or for other related website statistics such as recording the popularity of certain website content and verifying system and server integrity.

We do not collect Personal Information automatically, but We may tie this information to Personal Information about you that We collect from other sources or that you provide to us. We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please contact us swabconsulting@gmail.com if you do not want us to collect this information and for information on how you can opt out of behavioral tracking on or through this Website and how We respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

Third-Party Information Collection

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks, and servers, content providers, and application providers. These third-parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use this Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third-parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use and Disclose your Information.” 

How We Use your Information 

We use information that We collect about you or that you provide to us, including any Personal Information, to:

• Present our Website and its contents to you;
• Provide you with information, products, or services that you request from us;
• Fulfill any other purpose for which you provide it;
• Provide you with notices about your account/subscription, including expiration and renewal notices;
• Respond to comments, questions, and provide customer service;
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; 
• Notify you about changes to the Website or any products or services We offer or provide though it;
• Allow you to participate in interactive features on the Website;
• Communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners; 
• In any other way We may describe when you provide the information; and
• For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. We may use the information We collect to display advertisements to our advertisers' target audiences. Even though We do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of your Information 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

• We may disclose Personal Information that We collect or you provide as described in this Policy:
• To our subsidiaries and affiliates;
• To contractors, service providers, and other third-parties We use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which We disclose it to them;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about the Website’s users is among the assets transferred;
• To third-parties to market their products or services to you. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which We disclose it to them;
• To fulfill the purpose for which you provide the Personal Information;
• For any other purpose disclosed by us when you provide the information; and
• With your consent.

We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
• If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose your Information 

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third-parties’ products or services, you may send us an email asking to be omitted from disclosures of this nature. If We have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
• Targeted Advertising by the Company. If you do not want us to use information that We collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by emailing swabconsulting@gmail.com. 

Disclosure of your Information for Third-Party Advertising and Marketing. If you do not want us to share your Personal Information with unaffiliated or non-agent third-parties for advertising and marketing purposes, you can opt-out by emailing swabconsulting@gmail.com. 

We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. you can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

Accessing and Correcting your Information 

You can review and change your Personal Information by sending us an email at swabconsulting@gmail.com to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect.

Depending on your state of residence in the U.S., you may have the right to request access to and receive details about the personal information We maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information.

Your State Privacy Rights

In addition to the disclosures and rights set forth elsewhere in this Policy, you and other users may have certain rights based on applicable state law (e.g., California’s Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act). Other states have passed consumer privacy laws that may be applicable to the Company and your use of this Site. These supplemental disclosures and rights apply to you and your use of our Website to the extent applicable state law applies to the Company and your use of our Website. Please contact us if you have any questions regarding your rights under applicable state law.

Data Security 

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your Personal Information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure. Although We take reasonable actions to protect your Personal Information, We cannot guarantee the security of your Personal Information transmitted to the Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to our Privacy Policy 

It is our policy to post any changes We make to our Privacy Policy on this page with a notice on the Website’s home page that the Privacy Policy has been updated. If We make material changes to how We treat our users’ Personal Information, We will notify you by email to the email address provided or through a notice on the home page for the Website. The date the Privacy Policy was last revised is identified at the top of the page. you are responsible for ensuring We have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information 

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at swabconsulting@gmail.com. 

Last modified: March 16, 2025 

Acceptance of the Terms of Use 

These terms of use are entered into by and between the customer (“You” or “Your”) and Swab Consulting LLC (“Company”, “We”, “Us” or “Our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to and use of https://swabconsulting.com/ (the “Site”), including, without limitation (hereafter “including”), any content, functionality and services offered on or through https://swabconsulting.com/ (collectively, the “Service”), whether as a guest or a registered user.

Please read the Terms of Use carefully before You start to use the Service. By using the Service and intending to be legally bound hereby, You accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, found at www.swabconsulting.com, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Service.

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Changes to the Terms of Use 

We grant You a personal, limited, non-transferable, non-exclusive license to access and use the Site. We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Service.

Your continued use of the Service following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page frequently so You are aware of any changes, as they are binding on You.

Accessing the Service and Account Security 

We reserve the right to withdraw or amend the Service, and any service or material We provide on the Service, in Our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for You to have access to the Service; and
• Ensuring that all persons who access the Service through Your internet connection are      aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Service that all the information You provide on the Service is correct, current and complete. You agree that all information You provide to register with the Service or otherwise, including, but not limited to, the use of any interactive features on the Service, is governed by Our Privacy Policy, and You consent to all actions We take caution with respect to Your information, consistent with Our Privacy Policy.

If You choose, or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. Your account is personal to You, and You must not provide any other person with access to the Service or portions of it using Your user name, password, or other security information. You must notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You must also ensure that You exit from Your account at the end of each session. You will use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use.

Intellectual Property Rights 

The Service and its entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit You to use the Service for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials;
• You may store files that are automatically cached by Your Web browser for display      enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Service for Your own personal, non-commercial use and not for further reproduction,      publication, or distribution;
• If We provide desktop, mobile or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided that any such downloading will acknowledge Your agreement to be bound by Our end user license agreement for such applications; and
• If We provide social media features with certain content, You may take such actions as are enabled by such features.

You must not:

§ Modify copies of any materials from this Site;

§ Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and

§ Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, Your right to use the Service will cease immediately and You must, at Our option, return or destroy any copies of the materials You have produced. No right, title, or interest in or to the Service or any content on the Service is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks 

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Prohibited Uses 

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You must not use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in      any way by exposing them to inappropriate content, asking for personally      identifiable information or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does      not comply with the Content Standards set out in these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material,      including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee,      another user, or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that, as determined by Us, may harm the Company or users of the      Service or expose them to liability.

   Additionally, You must not:

• Use the Service in any manner that could disable, overburden, damage, or impair      the Site or interfere with any other party’s use of the Service, including the ability to engage in real time activities through the Service;
• Use any robot, spider or other automatic device, process, or means to access the      Service for any purpose, including monitoring or copying any of the material on the Service;
• Use any manual process to monitor or copy any of the material on the Service or      for any other unauthorized purpose without Our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Service;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is      malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts      of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
• Attack the Service via a denial-of-service attack or a distributed denial-of-service      attack; and 
• Otherwise attempt to interfere with the proper working of the Service.

Reliance on Information Posted 

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Service, or by anyone who may be informed of any of its contents.

The Service may from time to time include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to You or any third-party, for the content or accuracy of any materials provided by any third-parties.

Changes to the Service 

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and We are under no obligation to update such material.

Information About You and Your Visits to the Service 

All information We collect on the Service is subject to Our Privacy Policy. By using the Service, You consent to all actions taken by Us with respect to Your information, so long as such actions remain in compliance with the Privacy Policy. 

Linking to the Service and Social Media Features 

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part.

The Service may provide certain social media features that enable You to:

Link from Your own or certain third-party websites to certain content on the Service;

Send e-mails or other communications with certain content, or links to certain content, on the Service; and

Cause limited portions of content on the Service to be displayed or appear to be displayed on Your own or certain third-party websites.

You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:

Establish a link from any website that is not owned by You;

Cause the Service or portions of it to be displayed, or appear to be displayed, by actions such as framing, deep linking or in-line linking, on any other site;

Link to any part of the Service other than the homepage; and 

Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Use.

The Service from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links, at any time, without notice, in Our discretion.

Links from the Service 

If the Service contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, We accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Service, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions 

The owner of the Service is based in the Commonwealth of Pennsylvania in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If You access the Service from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties 

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to Our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification 

You will defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Service, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Service.

Governing Law and Jurisdiction 

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the Federal Court for the Middle District of Pennsylvania. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Arbitration 

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Pennsylvania law.

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS, OR SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

Waiver and Severability 

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Entire Agreement 

The Terms of Use and Privacy Policy constitute the sole and entire agreement between You and Swab Consulting LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. 

Your Comments and Concerns 

The Service is operated by Swab Consulting LLC, 320 Adams Ave, State College, Pennsylvania 16803. 

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to swabconsulting@gmail.com.