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EFFECTIVE DATE: September 01, 2016

TERMS AND CONDITIONS

Welcome!

Please read this notice carefully before you use our website.

Terms of Use Agreement

This website is provided by Swell, a member of the Pacific Life family of companies and an affiliate of Pacific Life Insurance Company (“Pacific Life”). By accessing this website you signify your agreement to all terms, conditions, disclosures and notices contained or referenced in this Terms of Use Agreement (this “Agreement”). If you do not agree to this Agreement, you are not permitted to use the website. Swell reserves the right, at its discretion, to update or revise this Agreement. Your continued use of the website following the posting of any changes to this Agreement constitutes acceptance of those changes. You acknowledge that the information and materials on this website are subject to change.

  1. The use of Swell’s website is governed by the laws of the United States of America and the applicable laws of the State of California without regard to conflict of law principles. If any provision of this policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this policy and shall not affect the validity and enforceability of any remaining provisions. In every case and to the full extent possible under applicable law, Swell and its users elect to resolve disputes and claims through arbitration or in the courts rather than before a jury.
  2. Swell is not responsible for the privacy, security, or information policies of third party links from or on the Swell site. Clicking on said links may take the user to other sites or display information from third parties. Swell is not responsible for the content, privacy policies, terms of use, or any other factor of such third parties. It assumes neither liability nor responsibility for their actions, information, or communication. Such products, services, or content are provided without endorsement or warranty of any kind. User accepts sole responsibility for accessing such links.
  3. You acknowledge by your use of this website that you will not use Swell as part of any scheme to violate federal, state, or other laws and regulations including those around financial transactions.
  4. Swell is the owner and/or authorized user of all text, images, data representations, animation, music, sounds, and any and all other materials on this website. Users may not copy, reproduce, republish, disseminate, exploit, distribute, or otherwise incorporate any material found on this website or in Swell’s communications. Said materials are protected by U.S. and international copyright and treaty provisions without limitation as copyrights, trademarks, service marks, logos, and other intellectual property.
  5. Unless otherwise indicated, all trademarks, service marks and trade names are the property of Swell and its affiliates. Swell enforces its intellectual property rights. Use in commerce other than as “fair use” is prohibited by law expect by express license from Swell. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners.
  6. Like most websites, ours requires cookies to function properly. Cookies are small text files that reside on a user's computer and identify you as a unique user. We use cookies to refine our services and simplify the user experience, and it allows us to personalize your experience. For these reasons we tie personally identifiable information such as your email address to our cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies are necessary to provide you certain features available on the website including the ability to sign up and to log in.
  7. Swell does not provide, offer or render investment, tax or legal advice. Before making financial or investment decisions, we recommend that you contact a financial, tax or legal professional.
  8. Swell, its employees, officers, directors, representatives, agents, and any party involved in the creation, management, monitoring, and dissemination of information on the website, including Pacific Life, cannot be held liable in any way for damages arising out of the use of the website included but not limited to viruses, unauthorized access, errors, service interruption or delay, loss or damages from nonperformance by Swell, inaccurate content, typographic or data errors, or theft. Content and information are provided as is without warranties of any kind from Swell. Swell and Pacific Life expressly disclaims all warranties of any kind either express or implied or statutory including but not limited to the availability, performance, security, reliability, accuracy, quality, usefulness, or completeness of information, content, products, and services provided on or through this website or in any other oral or written form. All products, services, information, and content are provided without express or implied warranty. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided. We will not be responsible for any detrimental reliance that you may place upon the website or its contents.
  9. Users agree to indemnify and defend Swell, Pacific Life, their employees, officers, directors, agents, and affiliates and to hold them harmless and release them from any and all claims, expenses, losses, damages, and liabilities including without limitation attorney fees arising out of or connected to use or access to the website.
  10. Section numbers in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement. The website, including but not limited to this Agreement are subject to change without notice.
  11. This Agreement, including the separate Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and us regarding the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail but, solely as to the subject matter herein.
  12. If you have questions regarding this Agreement or to report any violations of the Agreement, please contact us at support@swellinvesting.com.