Thank you for using our Swift Auto Shipping LLC’s website. These following terms and conditions of use (TOU) apply to your use of our website and the content contained therein. The following TOU and our privacy policy (“Privacy Policy”) define your use of our website and related products and services. By using this Site you accept these TOU so please review them carefully. If you are an employee or agent of an organization, by using our website and/or services you agree to the TOU on behalf of your organization. The terms you, your and yours mean you, the user. The terms we, us, our, ours means Swift Auto Shipping LLC.
Service includes but is not limited to the Site, related technologies and any software, data, reports, text, images, sounds, video and content made available through any of the foregoing, and any new features added to or augmenting the Service, and all enhancements, modifications and derivative works thereof (“Service”)
Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy
All content included on this Site is, and shall continue to be, the property of Swift Auto Shipping or its content suppliers and is protected under applicable copyright, patent, trademark and other property rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these TOU. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. By submitting any ideas, feedback and/or proposals to Swift Auto Shipping regarding the Services (“Feedback”), you expressly acknowledge and agree that: (a) Swift Auto Shipping is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) Swift Auto Shipping may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or otherwise intellectual property ownership interest vess in you with respect to the Feeback, you hereby grant Swift Auto Shipping a worldwide, non-exclusive, royalty-free, fully paid, irrevocable, sub-licensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release Swift Auto Shipping from any and all liability and claims that may result from or are related to the rights ot the Feedback.
This Site is ot directed towards children. If you are a minor (under the age of 18), you can use the Services only with the consent of your parents or legal guardians. If you are a minor, please do not submit any personal information to this Site. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE AT ANY TIME. This Site is not intended for any children under the age of 13.
Swift Auto Shipping grants you a limited, revocable, non-exclusive license to use this Site solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or for other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at our discretio and we may terminate your use of this Site at any time. Subject to your compliance with all the terms and conditions of these TOU, including any payment obligations, you may access and use the Service only for its intended purpose only during the term of you subscription for the Service.
You will access and use the Service for lawful and authorized purposes only, and in no event in connection with competitive research or for scoping, benchmarking, developing, or providing any similar or competitive product or service. In addition, you may not exceed the scope of you authorized use of the Service. You may not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree not to access the Service by any means other than through the interface that is provided by us to access the Service. You may not share individual login credentials for the Service with unauthorized users, and you will ensure that each user has separate login credentials. You must provide tru, accurate, and correct information at the time of registration and account creation, and thereafter. You may not misrepresent your affiliation with a person or entity.
The Service may include certain services that are available via a mobile device, including the ability to upload content to the Service via a mobile device, the ability to browse the Service and the Site from a mobile device and the ability to access certain features through an application downloaded and installed on a mobile device (“Mobile Servies”). To the extent you access the Service through a mobile device, your wireless service carrier;s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend and hold Swift Auto Shipping and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these TOU or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Swift Auto Shipping DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES WILL Swift Auto Shipping BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws including consumer laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these TOU that directly conflict with such laws may not apply to you.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support at customerservice@swiftautoshipping.com In the unlikely event that the Swift Auto Shipping’s support team is unable to resolve a complaint you may have Swift Auto Shipping and you agree to arbitrate all disputes and claims that may arise from your use of our Service
Swift Auto Shipping reserves the right, and you authorizes us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with applicable laws and our Privacy Policy.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support at . In the unlikely event that the Swift Auto Shipping’s support team is unable to resolve a complaint you may have Swift Auto Shipping and you agree to arbitrate all disputes and claims that may arise from your use of our Service
You agree that the laws of the state of Massachusetts, without regard to conflicts of laws provisions will govern this TOU and any dispute that may arise between you and Swift Auto Shipping or its affiliates.
If any provisions of these TOU shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these TOU will otherwise remain in full force and effect.
The failure of Swift Auto Shipping to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. Any waiver of these TOU by Swift Auto Shipping must be in writing and signed by an authorized representative of Swift Auto Shipping.
Swift Auto Shipping reserves the right to use your name and /or Swift Auto Shipping name, logo, and trademarks and to identify you as a Swift Auto Shipping user or customer, and for other similar marketing or promotional purposes on Swift Auto Shipping Site and in other communications and collateral materials provided to with existing or potential Swift Auto Shipping customers, partners, and investors. To decline Swift Auto Shipping this right you need to email privacy@swiftautoshipping.com stating that you do not wish to be used as a reference.
Nothing contained in these TOU or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise ay warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
These TOU constitutes the entire agreement between you and Swift Auto Shipping and governs the terms and conditions of your use of this site, and supersedes all prior or contemporaneous communications and proposal, weather electronic, orla or written, between you and Swift Auto Shipping with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Swift Auto Shipping may revise the TOU at any time by updating these TOU and posting it on the Site. Accordingly, you should visit the Site and review the TOU periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the TOU signifies and confirms your acceptance of any such changes or amendments to the TOU
Swift Auto Shipping LLC (“Swift Auto Shipping”) for your vehicle’s transport. By using our services, you and the person or entity you represent accept all of the terms and conditions of service (“TERMS”) stated herein. In the event of a conflict between these TERMS and those in any other document, including a motor carrier bill of lading, tariff or service guide, or any other documents, these TERMS will supersede and control as between you and Swift Auto Shipping. These TERMS cannot be modified by anyone except for Swift Auto Shipping. Please read Section 12. Arbitration carefully which requires arbitration to first resolve any claim that you may have against Swift Auto Shipping
a. “Additional Services” means upgrades and additional services ordered by the Customer such as vehicle top- loading, guaranteed pick up date, covered transport, additional personal belongings, etc.
b. “Bill of Lading” means a document provided by the Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination and other details regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.
c. “Carrier” means a motor carrier of property, as defined at 49 U.S.C. §13102(14), duly licensed by State and/or Federal Department of Transportation, or a carrier of goods by sea pursuant to 46 U.S.C. § 30701.
d. “Carrier Form” means a receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at Point of Origin and/or Destination.
e. “C.O.D.” means collect on delivery or payment on delivery.
f. “Customer” means the individual, company or other entity, including its agents and representatives, ordering the transportation of Shipment.
g. “Customer’s Agent” means an individual over the age of 18 designated by Customer to act on Customer’s behalf or as an agent.
h. “Destination” means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between Swift Auto Shipping and Customer prior to delivery.
i. “Inoperable” means a state or condition in which a Shipment cannot function or be driven for any reason including but not limited to its parts having been removed, altered, damaged or deteriorated such parts including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires, etc.
j. “Swift Auto Shipping” means Swift Auto Shipping LLC, its affiliates and subsidiaries. Swift Auto Shipping is a transportation broker as defined at 49 U.S.C. § 13102(2), arranging for the transportation of freight through third party Carriers and is duly licensed by the Department of Transportation (DOT), and is registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-611862 and/or other government agencies as may be required by law. Swift Auto Shipping is not a Carrier.
k. “Order” means Customer’s request for Swift Auto Shipping to arrange for the transportation of Customer’s Shipment. Terms & conditions
Swift Auto Shipping Auto Transport
l. “Order Confirmation” means any written confirmation from Swift Auto Shipping to the Customer confirming the Customer’s Order and other details including but not limited to description of Shipment, Point of Origin, Destination, dates and quoted rate.
m. “Point of Origin” means the Shipment pick up location designated by Customer or as later modified by mutual agreement between Swift Auto Shipping and Customer prior to transport.
n. “Shipment” means the Customer’s property — an automobile or motorized vehicle — arranged for transportation in accordance with these TERMS.
a. Upon Customer’s request, Swift Auto Shipping will arrange for the transportation of Customer’s Shipment by Carriers subject to these TERMS. Swift Auto Shipping reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
b. Swift Auto Shipping’s services are deemed completed when a Carrier has accepted Customer’s Order.
c. Customer understands and accepts that Swift Auto Shipping (i) operates only as a transportation broker, (ii) is not a motor carrier or transporter, and (iii) does not hold itself out as providing the transportation of property.
d. Customer expressly understands and agrees that Swift Auto Shipping never takes custody or possession of, transports, or handles Customer’s Shipment, or assumes any liability for the Shipment.
e. All ocean transportation arranged by Swift Auto Shipping will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates and rules. Ocean Carriers offer limited liability coverage for loss or damage, and Customer must inquire with the ocean Carrier about purchasing additional insurance.
f. Swift Auto Shipping shall provide Customer with an estimated pickup and estimated delivery date, however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes that are beyond Swift Auto Shipping’s control. Swift Auto Shipping cannot and does not guarantee delivery dates or times. Customer understand and accepts that Swift Auto Shipping is not - responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
a. Accuracy of Information. Customer understands and accepts that only Customer is responsible to ensure the accuracy of all of the details including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. Customer waives all claims against Swift Auto Shipping for any additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.
b. Shipment size and condition. Customer must inform Swift Auto Shipping about the Shipment’s size and condition at the time of booking and prior to the pick up date. Customer understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (i) is modified from the original equipment manufacturer (“OEM”) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis (iii) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.
c. Preparing Shipment. Customer understands and accepts that Customer is responsible for preparing the Shipment for transportation. Customer must either secure or remove all loose parts, fragile accessories, low hanging spoilers, etc. prior to shipment. Customer must remove all non-permanent, outside mounted luggage and other racks prior to shipment. Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses and claims to the Shipment, other vehicles and/or persons which are caused by any part of the Shipment that becomes loose or detached during the transport.
d. Alarm. Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event such alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence alarm by any reasonable means available and without recourse by Customer.
e. Personal Property. Customer may leave one suitcase OR one bag carrying personal property which shall not exceed one hundred pounds (100 lbs.) and must be confined to the trunk or storage area of the Shipment. Customer must notify Swift Auto Shipping and Carrier of such personal property in the Shipment at the Point of Origin prior to loading of the Shipment. Customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal property is unsafe or violates the law. Customer is advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. Customer understands and accepts that the Carrier and Swift Auto Shipping are not liable for personal items of any kind and value left in the Shipment, or for damage to Shipment caused by excessive or improper loading of personal items. If Customer puts personal property in the Shipment, Customer does so at Customer’s own risk.
f. Prohibited Items. Customer understands and accepts that Customer is expressly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the Shipment. Customer understands and accepts that upon discovery, such prohibited items and/or the Shipment may be confiscated or disposed of by law enforcement, or the Carrier and the Order may be cancelled in entirety without any remuneration or compensation to Customer and Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.
g. Shipment by sea. Customer understands and accepts that no personal property of any nature or value and no illegal goods will be allowed in the Shipment for transportation by sea and Customer will ensure that the Shipment is completely empty except for OEM or factory installed equipment. Customer is responsible for furnishing all required documents and paperwork required by U.S. and international customs. Customer must share the vehicle identification number (VIN) and its approximate value in U.S. dollars at the time of placing the Order. If the Point of Origin or Destination is a shipping port, then Customer agrees to pay any associated additional fees.
Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be carried. Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules and regulations. Swift Auto Shipping assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision. Any Customer’s Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.
a. Customer understands and accepts that a change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc.
b. If the Carrier is unable to access the Point of Origin or Destination, Customer agrees to meet the Carrier at an alternate location in order for the Carrier to safely pick up or drop off the Shipment.
c. Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of a Shipment, or Customer must designate a Customer’s Agent if Customer is unavailable for any reason. d. At the time of pickup at the Point of Origin, Customer or Customer’s Agent agrees to 1) carefully inspect the Shipment with the Carrier for pre-existing damage, and 2) acknowledge the condition of the Shipment by a) noting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy of same from the Carrier. Customer or Customer’s Agent is also urged to photograph the Shipment from all angles at the Point of Origin.
e. At the time of delivery at Destination, Customer or Customer Agent agrees to carefully inspect the Shipment in the presence of the Carrier for possible transit damage and clearly notate any new damage as exception on the Bill of Lading. Customer or Customer’s Agent agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially in case of a dispute with the Carrier. Again, Customer or Customer’s Agent is urged to photograph the Shipment from all angles prior to signing the Bill of Lading.
f. Customer understands and accepts that Customer’s or Customer Agent’s signing of the Carrier’s Form or Bill of Lading at Destination without any notation of any damage regardless of the lighting or weather conditions at the time of inspection, will serve as confirmation that Customer received the Shipment at destination in satisfactory condition and that Swift Auto Shipping and the Carrier will have no further responsibility.
a. Carrier shall (i) pick up and deliver Customer’s Shipment as close to Customer’s door or Customer’s designated Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner.
b. Carrier may issue a Carrier Form, receipt or Bill of Lading at the Point of Origin and/or Destination. Customer or Customer’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation as between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such documents.
c. Customer understands and agrees that Customer may also be subject to the Carrier’s terms and conditions of service, tariffs, rules or classification, copies of which must be requested by the Customer directly from the Carrier.
a. All payments for the balance due to Carrier for C.O.D. must be made on or before the delivery of Shipment in the form of cash, certified funds, cashier’s check or money order made payable to the Carrier. Customer WILL NOT use personal checks, debit or credit card when making payments to the Carrier.
b. Any outstanding invoices for Swift Auto Shipping’s services shall accrue an interest rate of one and a half percent (1.5%) per month and Customer shall be liable to Swift Auto Shipping for all expenses incurred by Swift Auto Shipping, plus reasonable attorney’s fees, to collect any outstanding charges.
c. If Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer’s expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding balance. Any and all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to Swift Auto Shipping for reimbursement.
a. Customer may cancel an Order at any time at no cost or cancellation fees as long as the Order has not yet been accepted by a Carrier. If the Order is canceled for any reason after a Carrier accepts the Order, such reasons including but not limited to Customer canceling an Order, Swift Auto Shipping canceling an Order due to the Customer’s breach of these TERMS or if the Carrier is denied pick up of the Shipment for any reason when the Carrier arrives at the Point of Origin, then the Customer agrees to pay a minimum of one hundred dollars ($100.00) in cancellation fees as Swift Auto Shipping’s services have been rendered at that point. Customer understands and accepts that the Customer may be subject to additional cancellation fees including but not limited to a dry run fee imposed by a Carrier and other vendors contracted to fulfill Customer’s Order.
b. Customers are entitled to a refund for only the unfulfilled portion of the services. If Additional Services were paid for but not rendered for any reason and the Shipment was delivered, the sole remedy for the Customer shall be a refund for the unfulfilled portion of the Additional Services fees.
c. Cancellation of an Order by Customer must be submitted in writing via email sent to customerservice@Swift Auto Shipping.com. Cancellations made via telephone, text, chat or any other medium will not be accepted by Swift Auto Shipping.
a. Swift Auto Shipping is a property transportation broker, therefore, is not and will not be liable for any cargo loss and damage claims for any reason.
b. If Customer has a claim for loss or damage to a Shipment, then Customer understands and agrees that the party liable for all such claims is the Carrier and not Swift Auto Shipping, and it is Customer’s responsibility to file any claim directly with the Carrier who transported the Shipment.
c. If Customer decides to file a claim against the Carrier, Customer must promptly report such claim to Swift Auto Shipping, but in no event later than 48 hours of the delivery, so Swift Auto Shipping may provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.
d. Customer is hereby informed and understands that claims against motor Carriers are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706, and claims against ocean Carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. Customer is urged to seek independent legal advice (at Customer’s sole expense) on these laws in the event of a claim.
e. Customer understands and agrees that Swift Auto Shipping and Carrier are not liable for any cargo loss or damage caused by any acts or omissions that are out of Swift Auto Shipping’s or Carrier’s control including but not limited to damage caused by weather conditions including hail, storm or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn, or broken parts of a Shipment, personal items in the Shipment.
Customer agrees to indemnify, defend and hold Swift Auto Shipping and their employees, officers and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including attorneys' fees), and costs, suits, actions and claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of Customer, its agents, employees or representatives.
a. The total cumulative liability of Swift Auto Shipping for any and all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by Customer to Swift Auto Shipping for Swift Auto Shipping’s services under the respective Order Confirmation.
b. EXCEPT AS OTHERWISE PROVIDED HEREIN, Swift Auto Shipping MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
c. UNDER NO CIRCUMSTANCES WILL Swift Auto Shipping BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the unlikely event Swift Auto Shipping is unable to resolve a Customer dispute, claim or controversy arising out of or relating to these TERMS, an Order, Swift Auto Shipping’s services, or any other Customer engagement with Swift Auto Shipping ("Dispute") including Disputes that accrued before Customer accepted these TERMS, then Customer agrees to resolve all such Disputes through mandatory arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
a. These TERMS and the parties’ agreement hereunder shall be construed in accordance with Title 49, United States Code and the laws of the State of Illinois.
b. Swift Auto Shipping shall be an independent contractor with respect to Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.
c. Except as expressly set forth in these TERMS, Customer may not assign any rights hereunder without Swift Auto Shipping’s prior written consent. These TERMS are binding on and inure to the benefit of the parties and their respective successors and assigns.
d. The invalidity or unenforceability of any provision of these TERMS shall not affect the validity or enforceability of any other provisions herein.
e. These TERMS supersede all prior written or oral representations and constitute the entire agreement between Customer and Swift Auto Shipping and may not be changed by anyone except for Swift Auto Shipping. Customer warrants that Customer has read these TERMS in their entirety and by continuing with the transaction, fully understands and agrees to them.
f. Customer waives any claims or defenses based in whole or in part on Customer not having read, not knowing, or not understanding these TERMS.
Swift Auto Shipping LLC (“Swift Auto Shipping”) understands that your privacy is important to you and to us. As part of the normal operation of Swift Auto Shipping’s services, we collect and, in some cases, disclose information about you to third parties. This privacy policy (“Privacy Policy”) shows you what information we gather from you and how we protect it. By using this website and the content contained therein (“Site”) and our services, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this Site, and any additional terms that may apply when you access particular services or materials on certain areas of this Site. “We,” “our” means Swift Auto Shipping and its affiliates. “You,” “your,” ”visitor,” or “user” means the individual accessing this site and our services. This Privacy Policy is incorporated into and subject to the terms of the Swift Auto Shipping’s Site Terms of Use.
This Site is not directed towards children. If you are a minor (under the age of 18), you can use this service only with the consent of your parents or legal guardians. If you are a minor, please do not submit any personal information to this Site. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE AT ANY TIME. This Site is not intended for any children under the age of 13.
Your Personal Information Personal Data is data that identifies you as an individual or relate to an identifiable individual such as your name, address, email address or other information you provide to us when booking our services.
We automatically track certain information about you based upon your use of our Site. We use this information to conduct internal research on our users' demographics, interests, and behavior to better understand and serve our users. This information is compiled and analyzed on an aggregate (anonymized) basis. This information may include the URL that you just came from, which URL you next go to, what browser you are using, and your IP address, among other things.
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If you choose to post messages on our Site, we will collect such information about you as you may choose to disclose pursuant to your activities on the Site.
If you send us e-mails, letters or other personal correspondence, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
If you establish a credit account with us or purchase any of our services, we collect your payment information and some additional information, including billing address, credit card number, and credit card expiration date.
We also collect log information when you use our Site. That information includes, among other things: details about how you’ve used our services device information, such as your web browser type and language access times pages viewed IP address identifiers associated with cookies or other technologies that may uniquely identify your device or browser pages you visited before or after navigating to our Site
In addition, we use Cookies on certain pages of our Site. A Cookie is a small piece of data that is stored on your device to help websites and mobile apps remember things about you. Cookies can be used to track a user's steps or automatically generate a user's password. Some features of our Site may only be available through the use of a Cookie. Among other things, cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our Site. Most, but not all cookies are automatically deleted at the end of a session. You may decline our cookies if your browser permits, although your use of the Site may then be restricted (as noted above).
Like most providers of online services, Swift Auto Shipping uses cookies for a number of reasons, like protecting your data and account, helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, and just generally providing you with a better, more intuitive, and satisfying experience. The cookies we use generally fall into one of the following categories.
Preferences We use these cookies to remember your settings and preferences. For example, we may use these cookies to remember your language preferences.
We use these cookies to help identify and prevent security risks. For example, we may use these cookies to store your session information to prevent others from changing your password without your username and password.
We use these cookies to collect information about how you interact with our services and to help us improve them. For example, we may use these cookies to determine if you have interacted with a certain page.
We use these cookies to help us improve our services. For example, we can use these cookies to learn more about which features are the most popular with our users and which ones might need some tweaks.
We use these cookies to deliver advertisements, to make them more relevant and meaningful to consumers, and to track the efficiency of our advertising campaigns, both on our services and on other Sites or mobile apps.
Your browser or device may allow you to block or otherwise limit the use of cookies. But cookies are an important part of how our services work, so removing, rejecting, or limiting the use of them could affect the availability and functionality of our services.
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser.
Your mobile operating system may let you opt-out from having certain device identifiers used for interest-based advertising. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the “settings” function of your mobile device. If your mobile device offers an uninstall process, you can always stop us from collecting information through the app by uninstalling our app.
To provide services to you The data Swift Auto Shipping owns is our internal information and information related to our business customers. Swift Auto Shipping uses this data only for normal operating procedures and will not sell or publicly release this information. If you do not provide the data that we request, or prohibit us from collecting such data, we may not be able to provide the requested services.
We use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the Site. If you do not wish to receive these communications, you may opt out of receiving these notices by emailing Swift Auto Shipping at customrerservice@swiftautoshipping.com
By providing your phone number and clicking submit, you agree to our Terms, Privacy Policy, and authorize us to make or initiate sales calls, text messages and pre recorded voicemails to that phone number using an automated system. Your agreement is not a condition of purchasing any products, goods or services. Message & data rates may apply.
If you open a credit account with our Site, we use your address and billing information to bill you and provide associated support.
We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems, and enforce our Site Terms of Use.
We value privacy and use practices that are consistent with standards in our industry to protect your privacy. We do not sell or rent any personally identifiable information about you to any third party. The following describes some of the ways that your personally identifiable information may be disclosed: We will not share your personal information with any third parties without notice and approval You can access your personal data by contacting us via the contact us page at . You may limit the use of your information by opting in or opting out of communications and sharing when your information is collected. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission. We are required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In the case of onward transfers to a third party, we will notify you at the time your data is collected and/or before we use such information for a purpose other than that for which it was originally collected, processed or disclosed for the first time to a third party.
We may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.
We may disclose aggregate information about our users to advertisers and for other marketing and promotional purposes. However, we do not disclose any personally identifying information to any of these entities.
Swift Auto Shipping and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Swift Auto Shipping user to your mail list (e-mail or physical mail) without their express consent after adequate disclosure.
Swift Auto Shipping is not responsible for the privacy policies of third parties or other Sites, even if they are linked to our Site. Swift Auto Shipping includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. Please make sure you read their privacy policy before using those sites when you leave our Site.
When Swift Auto Shipping is creating, maintaining, using or disseminating personal information we will take reasonable and appropriate measures to protect it from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the personal data. Swift Auto Shipping cannot and does not guarantee absolute protection, and assumes no liability for any disclosure or loss of data in any case, especially due to transmission errors, unauthorized or bad actions of third parties such as hackers, or through no fault of ours. We cannot guarantee or promise that your personally identifiable information or private communications will remain private. For example, hackers or third parties may unlawfully intercept or access transmissions or private communications on our Site.
Your rights You have certain rights relating to your personal data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EEA, these rights may include: To access your Personal Data held by us (right to access); To rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete (right to rectification);
To erase/delete your Personal Data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten); To restrict our processing of your Personal Data, to the extent permitted by law (right to restriction of processing); To transfer your Personal Data to another controller, to the extent possible (right to data portability); To object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection; Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated Decision-Making currently does not take place on our Sites; and To the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
If you are a resident of California, under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our Sites. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor to our Sites. At any time you may submit a written request inquiring about what personal information we have collected about you in order to: (i) edit such information; or (ii) request its deletion. We will timely respond to any such requests and use all commercially practicable efforts to comply with your demands, unless not legally or otherwise permissible. Inquiries and requests can be provided to .
This Privacy Policy shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws principles.
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