21175 Tomball Parkway Suite 307
Houston, TX 77070-1668
(P) 877-793-2002
(F) 877-793-2002
info@swdrives.com
AGREEMENT BETWEEN USER AND SOUTHWEST DRIVES & SYSTEMS, LLC.
The SOUTHWEST DRIVES &
SYSTEMS, LLC Web Site is comprised of various Web pages operated by SOUTHWEST DRIVES
& SYSTEMS, LLC..
The SOUTHWEST DRIVES & SYSTEMS, LLC Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS
OF USE
SOUTHWEST DRIVES & SYSTEMS, LLC reserves the right to change the terms, conditions,
and notices under which the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site is offered,
including but not limited to the charges associated with the use of the SOUTHWEST
DRIVES & SYSTEMS, LLC Web Site.
LINKS TO THIRD PARTY SITES
The SOUTHWEST DRIVES & SYSTEMS,
LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites
are not under the control of SOUTHWEST DRIVES & SYSTEMS, LLC and SOUTHWEST DRIVES
& SYSTEMS, LLC is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. SOUTHWEST DRIVES & SYSTEMS, LLC is not responsible for webcasting
or any other form of transmission received from any Linked Site. SOUTHWEST DRIVES
& SYSTEMS, LLC is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by SOUTHWEST DRIVES & SYSTEMS, LLC of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition
of your use of the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site, you warrant to SOUTHWEST
DRIVES & SYSTEMS, LLC that you will not use the SOUTHWEST DRIVES & SYSTEMS, LLC Web
Site for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site in any manner
which could damage, disable, overburden, or impair the SOUTHWEST DRIVES & SYSTEMS,
LLC Web Site or interfere with any other party's use and enjoyment of the SOUTHWEST
DRIVES & SYSTEMS, LLC Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the SOUTHWEST DRIVES & SYSTEMS, LLC Web Sites.
USE OF COMMUNICATION SERVICES
The
SOUTHWEST DRIVES & SYSTEMS, LLC Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you agree
to use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you will
not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
9. Restrict or inhibit any other user from using and enjoying the Communication Services.
10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. Violate any applicable laws or regulations.
SOUTHWEST DRIVES & SYSTEMS, LLC has no obligation to monitor the Communication Services.
However, SOUTHWEST DRIVES & SYSTEMS, LLC reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. SOUTHWEST
DRIVES & SYSTEMS, LLC reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
SOUTHWEST DRIVES & SYSTEMS, LLC reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in SW DRIVES & SYSTEMS, LLC.'s sole discretion. Always use caution
when giving out any personally identifying information about yourself or your children
in any Communication Service. SOUTHWEST DRIVES & SYSTEMS, LLC does not control or
endorse the content, messages or information found in any Communication Service and,
therefore, SOUTHWEST DRIVES & SYSTEMS, LLC specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized SOUTHWEST DRIVES
& SYSTEMS, LLC spokespersons, and their views do not necessarily reflect those of
SW DRIVES & SYSTEMS, LLC.. Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED
TO SOUTHWEST DRIVES & SYSTEMS, LLC OR POSTED AT ANY SOUTHWEST DRIVES & SYSTEMS, LLC
WEB SITE
SOUTHWEST DRIVES & SYSTEMS, LLC does not claim ownership of the materials
you provide to SW DRIVES & SYSTEMS, LLC(including feedback and suggestions) or post,
upload, input or submit to any SOUTHWEST DRIVES & SYSTEMS, LLC Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting SW DRIVES & SYSTEMS, LLC.,
its affiliated companies and necessary sublicenses permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission. No compensation will be paid with respect
to the use of your Submission, as provided herein. SOUTHWEST DRIVES & SYSTEMS, LLC
is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in SW DRIVES & SYSTEMS, LLC.'s sole discretion. By posting,
uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SOUTHWEST DRIVES
& SYSTEMS, LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOUTHWEST DRIVES & SYSTEMS, LLC
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOUTHWEST DRIVES
& SYSTEMS, LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SOUTHWEST DRIVES & SYSTEMS,
LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
SOUTHWEST DRIVES & SYSTEMS, LLC AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SOUTHWEST DRIVES & SYSTEMS, LLC WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. SOUTHWEST DRIVES & SYSTEMS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUTHWEST DRIVES
& SYSTEMS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SOUTHWEST DRIVES & SYSTEMS, LLC WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE SOUTHWEST DRIVES & SYSTEMS, LLC WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SOUTHWEST DRIVES & SYSTEMS, LLC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SOUTHWEST DRIVES & SYSTEMS, LLC WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUTHWEST DRIVES & SYSTEMS, LLC
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SOUTHWEST DRIVES & SYSTEMS, LLC WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOUTHWEST
DRIVES & SYSTEMS, LLC WEB SITE.
SERVICE CONTACT : admin@swdrives.com
TERMINATION/ACCESS
RESTRICTION
SOUTHWEST DRIVES & SYSTEMS, LLC reserves the right, in its sole discretion,
to terminate your access to the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site and the
related services or any portion thereof at any time, without notice. GENERAL To the
maximum extent permitted by law, this agreement is governed by the laws of the State
of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue
of courts in King County, Washington, U.S.A. in all disputes arising out of or relating
to the use of the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site. Use of the SOUTHWEST
DRIVES & SYSTEMS, LLC Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and SOUTHWEST DRIVES & SYSTEMS, LLC as a result of
this agreement or use of the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site. SW DRIVES
& SYSTEMS, LLC.'s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of SW DRIVES &
SYSTEMS, LLC.'s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the SOUTHWEST DRIVES & SYSTEMS, LLC Web Site
or information provided to or gathered by SOUTHWEST DRIVES & SYSTEMS, LLC with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and SOUTHWEST DRIVES & SYSTEMS, LLC with respect to the
SOUTHWEST DRIVES & SYSTEMS, LLC Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and SOUTHWEST DRIVES & SYSTEMS, LLC with respect to the SOUTHWEST DRIVES & SYSTEMS,
LLC Web Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents
be drawn up in English.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners. The example companies, organizations,
products, people and events depicted herein are fictitious. No association with any
real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SOUTHWEST DRIVES & SYSTEMS, LLC
(Aka, SWD, SWDS, SW DRIVES, SW DRIVES & SYSTEMS) Web Site are: SOUTHWEST DRIVES &
SYSTEMS, LLC © 2012 and/or its suppliers/manufactures. All rights reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.