Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Swipe and Grow, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your swipeandgrow.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Swipe and Grow may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Swipe and Grow liability. You must immediately notify Swipe and Grow of any unauthorized uses of your blog, your account or any other breaches of security. Swipe and Grow will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
the Website, post links on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Swipe and Grow or otherwise.
By submitting Content to Swipe and Grow for inclusion on your Website, you grant Swipe and Grow a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Swipe and Grow will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Swipe and Grow has the right (though not the obligation) to, in Swipe and Grow's sole discretion (i) refuse or remove any content that, in Swipe and Grow's reasonable opinion, violates any Swipe and Grow policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Swipe and Grow's sole discretion. Swipe and Grow will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Swipe and Grow the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Swipe and Grow before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Swipe and Grow in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Swipe and Grow the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Swipe and Grow reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Swipe and Grow.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Swipe and Grow to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free swipeandgrow.com services. All support will be provided in accordance with Swipe and Grow standard services practices, procedures and policies.
- Responsibility of Website Visitors. Swipe and Grow has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Swipe and Grow does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Swipe and Grow disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which swipeandgrow.com links, and that link to swipeandgrow.com. Swipe and Grow does not have any control over those non-Swipe and Grow websites and webpages, and is not responsible for their contents or their use. By linking to a non-Swipe and Grow website or webpage, Swipe and Grow does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Swipe and Grow disclaims any responsibility for any harm resulting from your use of non-Swipe and Grow websites and webpages.
- Copyright Infringement and DMCA Policy. As Swipe and Grow asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by swipeandgrow.com violates your copyright, you are encouraged to notify Swipe and Grow in accordance with Swipe and Grow's Digital Millennium Copyright Act ("DMCA") Policy. Swipe and Grow will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Swipe and Grow will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Swipe and Grow or others. In the case of such termination, Swipe and Grow will have no obligation to provide a refund of any amounts previously paid to Swipe and Grow.
- Intellectual Property. This Agreement does not transfer from Swipe and Grow to you any Swipe and Grow or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Swipe and Grow. Swipe and Grow, swipeandgrow.com, the swipeandgrow.com logo, and all other trademarks, service marks, graphics and logos used in connection with swipeandgrow.com, or the Website are trademarks or registered trademarks of Swipe and Grow or Swipe and Grow's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Swipe and Grow or third-party trademarks.
- Advertisements. Swipe and Grow reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Swipe and Grow reserves the right to display attribution links such as 'Blog at swipeandgrow.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Swipe and Grow reserves the right, at its sole discretion, to modify
or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Swipe and Grow may also, in the future, offer new services and/or
through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Swipe and Grow may terminate your access to all or any part of
the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your swipeandgrow.com account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by Swipe and Grow if you materially breach this Agreement and fail to cure such
thirty (30) days from Swipe and Grow's notice to you thereof;
provided that, Swipe and Grow can terminate the Website immediately as part of a general shut
down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Swipe and Grow and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Swipe and Grow nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Swipe and Grow, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Swipe and Grow under this agreement during the twelve (12) month period prior to the cause of action. Swipe and Grow shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Swipe and Grow, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Swipe and Grow and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Swipe and Grow, or by the posting by Swipe and Grow of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Montana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Billings, Montana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Billings, Montana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Swipe and Grow may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Registration and Account
Use of the Services. You may use the Services either as a registered or as an unregistered User. However, you may not use the Services, either as a registered or an unregistered User if you are not of legal age to enter into a contract in your jurisdiction or if do not have the authority to accept this Agreement. Registering as a User may provide you with the following additional benefits over using the Services in a visitor (non-registered) capacity: keeping your preferences and other settings, etc.
User Representations. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not violate any applicable law or regulation.
Registration; Billing. To register as a User, you have to create a user account on the Website by following registration procedures and instructions set forth therein. There is no cost to create a OMH Agency Inc. (Swipe and Grow Website) User account. However, in order to access certain paid features of the Services, you will be required to provide billing details. As a registered User, you agree to notify us promptly of any changes to your billing details.
Login & Password. You are solely and fully responsible for keeping confidential all information necessary to access and operate with your OMH Agency Inc. (Swipe and Grow Website) User account, including, but not limited to your User login, password, or a security question or phrase, as applicable.
User Responsibilities. You are responsible for all of the following with respect to your use of the Services:
- maintaining the security of your User account and all the activity that occurs on your User account;
- maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary;
- obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges); and
- obtaining and maintaining all equipment necessary to access the Services.
Prohibited Uses. You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:
- No Illegal Purpose. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in the United States or applicable to you.
- No Tampering. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. You will not upload or transmit viruses, worms or any other destructive code. The restriction in this Section applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services.
- Permission Required. You may not, without our prior written permission and, solely with respect to lease, resale and sublicense, except as may be specifically allowed under your paid subscription plan, (i) copy, distribute (including by framing any of the Services on any website), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services or any data resulting therefrom; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; (iii) make derivative works of the Services; (iv) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or Services; (v) modify another website so as to falsely imply that it is associated with the Services, OMH Agency Inc. (Swipe and Grow Website) or any other OMH Agency Inc. products or services; or (vi) make the Website or Services or any part thereof available to others in a service undertaking or outsourcing arrangement or for any other commercial time-sharing, data processing or other third party use.
Special Access and Testing. If you are invited or clearly provided with access to beta testing new tools and resources, which are not made available to our users broadly (“closed beta”), you should not rely on, nor expect, the continued availability of these new tools and resources. Any such access to beta test new tools and resources, if any, is conditioned upon your agreement not to disclose any information about these new tools and resources or your experience with using them to third parties.
Assignment. A User may not assign, transfer, exchange, pool or barter any of its rights or obligations under this Agreement or the User account, unless expressly permitted by OMH Agency Inc. (Swipe and Grow Website) in writing. Any violation of the foregoing restrictions is grounds for immediate User account termination. For changes in access under corporate subscriptions to the Services we may require from you a detailed explanation of changes in your circumstances, along with confirmation of employment and other reasonable information and relevant documents.
De-Registration. You may delete your User account at any time. Note that doing so will delete all your data and information stored on OMH Agency Inc. (Swipe and Grow Website) servers and OMH Agency Inc. (Swipe and Grow Website) will bear no responsibility for such loss of data or information. All Service fees incurred prior to de-registration will be due and owing, until paid in full, such de-registration notwithstanding.
Termination by OMH Agency Inc. (Swipe and Grow Website). OMH Agency Inc. (Swipe and Grow Website) reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.
Definition. The “Services” consist of a suite of online marketing services and tools, social media and digital marketing services located at https://realestate.swipeandgrow.com (the “Website”), which includes tools for posting social media and blog posts, content for posts, and other inbound marketing tools for a single website and single profile for each social media platform, under one username, unless multiple subscriptions are purchased (one subscription per user).
Changes. We reserve the right to change the terms or specifications of any Services in our discretion, with or without prior written notice to the Users, by replacement of text of this Agreement or description of paid subscription plans on the Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your only recourse is to terminate relations with OMH Agency Inc. (Swipe and Grow Website). Your continued use of the Services following our notice of change will constitute a binding acceptance of the Agreement, as amended.
Additional Services. Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Services, including the release of new OMH Agency Inc. (Swipe and Grow Website) services, shall be subject to this Agreement.
Right to Use Services. OMH Agency Inc. (Swipe and Grow Website) hereby grants you permission to use the Services and the Website solely as set forth in this Agreement and in the manner set forth on the Website. In the event of any conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Services other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges in our sole discretion.
Suspension or Termination of Services. Notwithstanding anything stated or implied to the contrary in this Agreement, we may at any time, without derogating from our other rights under this Agreement, applicable law or otherwise, suspend or terminate any or all of the Services, effective immediately upon issuance of a written notice. Such suspension or termination may also apply, as the case may be, to specific jurisdictions, lines of business and otherwise or to a specific customer or a group of Users. Notwithstanding the foregoing, solely with respect to Users of paid Services, whenever reasonably possible, such Users may be given up to thirty (30) days after notice of suspension or termination of their User account to back-up the data stored in their account before it may be removed entirely from our servers.
Third Party Services. We reserve the right to use third party service providers in the provisions of all or part of the Services including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the User may be subject to such third party’s terms and conditions. We accept no responsibility for services provided by any third party.
Content Compliance. User is solely responsible for ensuring all blog posts, articles, social media posts, images, and other content, and have it reviewed by anyone necessary as required by his/her business, industry, oversight, or other authorities. This may involve User edits of content prior to posting or omitting posts. We do not guarantee content compliance with aforementioned authorities and oversight.
We provide paid Services on a prepaid basis. Users may discontinue their use of any Services at any time in accordance with instructions posted on the Website. The date and time of any cancellation of paid Services shall be the End of Term, or the end of the current payment period (or “paid to” date), from the time the User completes the full cancellation process.
Repeated registrations or/and subscriptions for paid Services and cancellations, followed by requests for refunds, by a User may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold Service to any such offending User and refuse any refund otherwise available to such User.
Swipe and Grow by OMH Agency, Inc. ( ("Swipe and Grow") operates swipeandgrow.com and may operate other websites. It is Swipe and Grow's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Swipe and Grow collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Swipe and Grow's purpose in collecting non-personally identifying information is to better understand how Swipe and Grow's visitors use its website. From time to time, Swipe and Grow may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Swipe and Grow also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on swipeandgrow.com blogs/sites. Swipe and Grow only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Swipe and Grow's websites choose to interact with Swipe and Grow in ways that require Swipe and Grow to gather personally-identifying information. The amount and type of information that Swipe and Grow gathers depends on the nature of the interaction. For example, we ask visitors who sign up at swipeandgrow.com to provide a username and email address. Those who engage in transactions with Swipe and Grow are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Swipe and Grow collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Swipe and Grow. Swipe and Grow does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Swipe and Grow may collect statistics about the behavior of visitors to its websites. Swipe and Grow may display this information publicly or provide it to others. However, Swipe and Grow does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Swipe and Grow discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Swipe and Grow's behalf or to provide services available at Swipe and Grow's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Swipe and Grow's websites, you consent to the transfer of such information to them. Swipe and Grow will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Swipe and Grow discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Swipe and Grow believes in good faith that disclosure is reasonably necessary to protect the property or rights of Swipe and Grow, third parties or the public at large. If you are a registered user of an Swipe and Grow website and have supplied your email address, Swipe and Grow may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Swipe and Grow and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Swipe and Grow takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Swipe and Grow, or substantially all of its assets, were acquired, or in the unlikely event that Swipe and Grow goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Swipe and Grow may continue to use your personal information as set forth in this policy.
Affiliates must be residents and refer to companies inside the United States to be considered for the program.
Once you apply to be an affiliate, you will be notified whether or not you are approved.
Qualified affiliate commissions are paid once per month and 100% of the total earned commission are released 30 days after the transaction calendar date.
Commissions are paid through PayPal, so processing fees are taken out of the commission at PayPal’s current fee rates.
Swipe and Grow Affiliates can also participate in the BreakAway Partner Affiliate program, but both are completely separate from the OMH Agency affiliate / referral program.