Terms & Conditions

Welcome to Swoop It Up!

Thank you for using the services provided by Swoop It Up, a company that helps consumers to deliver the items to the right destination (the “Services”). Using our proprietary application, ”Swoop It Up”, we provide notifications to our customers, informing them of all steps of the delivery of their packages to the desired destination.

Acceptance of the Terms of Use

These Terms of Use are entered between you and Swoop It Up, Inc., a Delaware corporation (“Swoop It Up”, “Company”, “we”, or “us”) and govern your access to and use of the Services provided by Swoop It Up, including any websites or portions thereof or any mobile applications, including Swoop It Up application, that are operated by Swoop It Up (the “Application”), together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), whether you are a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Application. By using the Application or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://swoopitupinc.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 Application. If you are using this Application and our Services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms of Use and that you are agreeing to these Terms of Use on behalf of that business or entity.
When you use our Services, you acknowledge that a significant part of our Services, including picking up packages at the location of your choice, if available, and delivering them to the destination, including USPS, UPS, FedEx and other carriers, are performed by our third-party logistics providers (“Swoopers”) who are third party contractors not employed by Swoop It Up. When you place an order to use our Services, you acknowledge and agree that Swoop It Up and the Swoopers are acting as your agents in the collecting and delivering items purchased by you and not in any other capacity. You also agree and acknowledge that neither the Company nor Swoopers take any responsibility for the content of the packages you are returning/delivering to the selected destination, and that the packages do not contain any items prohibited under the US federal and state laws.

Eligibility to Access our Application

This Application is offered and available to users who are at least 18 years of age and reside in the United States or any of its territories or possessions. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company Do not misuse the information on the Application; for example, do not interfere with our Application or try to access our Application and the services we are providing using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Since our Application is available on mobile devices, please make sure that you use the Application in a way that does not distract you or prevents you from obeying traffic or safety laws.

Changes to the Terms of Use

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 Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Application. We are constantly modifying and improving our Services. Swoop It Up may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant Swoop It Up the right to use such feedback or comments for any purpose without restriction or payment to you.

Accessing the Application and Account Security

We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. You are responsible for making all arrangements necessary for you to have access to the Application and ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use and comply with them.

Account Registration and Confidentiality

In order to access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. You may need to create an account with a user name and a password. You can choose your own user name, password, or we can provide a temporary password, or any other piece of information upon request that you will need to change. When you create your Swoop It Up Account, you provide us with personal information that includes your name and a password. You can also choose to add a phone number or payment information to your account in order to receive updates about our services.

It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. 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. You agree that all information you provide to register on the Application or otherwise, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should 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.

Membership and Other Available Options

Swoop It Up provides the Services in a way that is most suitable to you, including Standard, Express and various options of monthly membership subscription fees. For a detailed description of our fees and options of membership subscriptions available, please see our Overview, available at http://swoopitupinc.com/. In addition to our fees, special handling fees, and/or taxes may still apply. BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SELECTED MEMBERSHIP OPTION WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE CREDIT CARD ON FILE IN YOUR ACCOUNT. If you do not want your selected membership to automatically renew or if you would like to change which credit card is charged, you can change this default in Your Account Settings. You can cancel your membership at any time in Your Account Settings. You may cancel within the first 15 calendar days of your paid Swoop It Up membership and receive a refund of the membership fee you paid, but only if you have not placed any orders using your Swoop It Up membership.
Swoop It Up may change the monthly or annual fee charged for your Swoop It Up membership at any time, but any such fee change will not apply to current Swoop It Up members until such time as your current membership expires and your membership is renewed for another term. We may change other terms or conditions applicable. In that case, Swoop It Up will provide you with notice at checkout of the changes and when those changes will take effect. If you disagree with the changes to your current Swoop It UP membership terms of service, you may cancel your selected membership. Your Swoop It Up membership cannot be transferred or assigned.

Intellectual Property Rights; Your Use of Services

The Application and its entire contents, features, and functionality (including but not limited to 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, if applicable, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Specifically, the Company name, the Company’s application, 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.
The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Application for your personal, non-commercial use only, subject to your compliance with these Terms of Use and the Company’s policies. You may have the option of accessing the Application through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Application may be governed by the open source license. In that case, the Company will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open-source license will control but only with respect to the software, or portion of the software, to which it applies. You may not copy, modify, distribute, sell, or lease any part of the Application. Unless such restriction is prohibited by law or you have the Company’s written permission, you may not reverse engineer or attempt to extract the source code of the Application. You may only access the Application through the interfaces that the Company provides for that purpose. 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 Application, except as follows:
• Your computer and/or hand-held device 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 one copy of a reasonable number of pages of the Application 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 you agree to be bound by our end user license agreement for such applications.
• 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, 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 Application or any services or materials available through the Application. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Use, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, 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 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, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.
Additionally, you agree not to:
• Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
• Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
• Use any manual process to monitor or copy any of the material on the Application 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 Application.
• 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 Application, the server on which the Application is stored, or any server, or database connected to the Application.
• Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Application.

Information About You and Your Visits to the Application

All information we collect on the Application is subject to our Privacy Policy http://swoopitupinc.com/privacy.html. The Company’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Application and Services. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Our Warranties and Disclaimers

TO THE FULLEST EXTENT PROVIDED BY LAW, YOU ACKNOWLEDGE THAT 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 HAND-HELD DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION 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 APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION 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 APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO 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

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 APPLICATION, ANY CONTENT ON THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 agree to 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 Application, including, but not limited to, any use of the content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Application. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Governing Law and Jurisdiction and Dispute Resolution

All matters relating to the Application 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 State of California without giving effect to any choice or conflict of law provision or rule. You agree that any disputes arising from the use of these Terms of Use or the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination shall be resolved by arbitration under the Rules of Arbitration of the American Arbitration Association. To the extent applicable, you agree to submit the resolution of disputes not resolved by arbitration to the jurisdiction of the federal and state courts sitting in the State of California, County of Sonoma. You further agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION (COLLECTIVELY “CLASS ACTION WAIVER”).

Waiver and Severability

No waiver by the Company of any term or condition set out 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 our Privacy Policy constitute the sole and entire agreement between you and Swoop It Up regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.

Contact Information

If you have any questions, or comments about these Terms of Use and/or the Privacy Policy, please contact Swoop It Up at:
Email: customercare@swoopitupinc.com
Call: (707) 889-1859