SWITCH, INC. WEBSITE TERMS OF USE

The following Terms of Use (“TOU”) apply to use of the SwitchMe.com website and any other websites (“Switch Sites”) owned or made available by Switch, Inc. (“Switch”, “us” or “we”). By accessing or using the Switch Sites, you are agreeing to these TOU. IF YOU DO NOT AGREE TO THESE TOU, YOU MAY NOT ACCESS OR USE THE SWITCH SITES.

We reserve the right to update this TOU at any time without notice to you. The most current version of this TOU can be reviewed by clicking on the “Terms of Use” link located at the bottom of the home page of any of the Switch Sites. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Switch Sites following the posting of changes will indicate your acceptance of such changes.

Personal and Non-Commercial Use Limitation

The Switch Sites are provided for your personal and non-commercial use. You may not attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Switch Sites.

Privacy

Our Privacy Policy applies to use of the Switch Sites, and its terms are incorporated into these TOU by this reference. The most current version of our Privacy Policy can be reviewed by clicking on the “Privacy Policy” link located at the bottom of the home page of any of the Switch Sites.

No Warranties

The Switch Sites and all information and content accessible via the Switch Sites are provided “AS IS”, without warranties and with all faults. We make no representations and disclaim all implied warranties of any kind, including warranties as to accuracy, timeliness, completeness, non-infringement, suitability, availability, merchantability, fitness for a particular purpose and absence of viruses.

Limitation of Liability

IN NO EVENT SHALL SWITCH AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF THE SWITCH SITES.

Indemnity

You agree to indemnify and hold Switch, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against Switch by any third party due to or arising in connection with your use of the Switch Sites.

Member Account, Password, and Security

If use of any Switch Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Switch immediately of any unauthorized use of your account or any other breach of security. Switch will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Switch or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Links to Third Party Sites

The Switch Sites contain links to other websites, that are provided by third parties (“Third Party Sites”). The Third Party Sites are not under Switch’s control and Switch is not responsible for the contents of any Third Party Sites. We provide you with links to the Third Party Sites only as a convenience and the inclusion of those links in the Switch Sites does not imply endorsement by Switch of those sites.

Governing Law, Dispute Resolution, Limitation on Time to Bring Claim

You agree that all matters relating to your access to or use of the Switch Sites, including all disputes will be governed by the laws of the State of Washington, USA, with regard to its conflict of law provisions. In the event of any dispute related to your use of the Switch Sites, you agree to the personal jurisdiction by and exclusive venue in the state and federal courts situated in King County, Washington, and waive any objection to such jurisdiction and venue. If you feel compelled to bring a lawsuit or other proceeding, you must do so within one year of the date that you have a right to sue.

Miscellaneous

If any of the provisions of these TO are held by a court to be void or unenforceable, such provisions shall be limited to or eliminated to the minimum extent necessary and replaced with valid provision that best embodies the intent of these TOU, so that these TOU shall remain in full force and effect. These TOU constitute the entire agreement between you and Switch with regard to use of the Switch Sites and any other written or oral understandings between you and Switch with respect to such use are hereby superseded and cancelled. Switch’s failure to insist on or enforce strict performance of these TOU shall not be construed as a waiver.

Last Updated: April 26, 2016