




21175 Tomball Parkway Suite 307
Houston, TX 77070-1668
(P) 877-793-2002
(F) 877-793-2002
info@swdrives.com
AGREEMENT BETWEEN USER AND SW DRIVES & SYSTEMS, LLC.
The SW DRIVES & SYSTEMS, LLC
Web Site is comprised of various Web pages operated by SW DRIVES & SYSTEMS, LLC..
The
SW 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 SW DRIVES & SYSTEMS, LLC Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
SW DRIVES & SYSTEMS,
LLC reserves the right to change the terms, conditions, and notices under which the
SW DRIVES & SYSTEMS, LLC Web Site is offered, including but not limited to the charges
associated with the use of the SW DRIVES & SYSTEMS, LLC Web Site.
LINKS TO THIRD PARTY
SITES
The SW DRIVES & SYSTEMS, LLC Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of SW DRIVES & SYSTEMS, LLC and
SW 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. SW DRIVES & SYSTEMS, LLC is not responsible for webcasting
or any other form of transmission received from any Linked Site. SW DRIVES & SYSTEMS,
LLC is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by SW 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
SW DRIVES & SYSTEMS, LLC Web Site, you warrant to SW DRIVES & SYSTEMS, LLC that you
will not use the SW DRIVES & SYSTEMS, LLC Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the SW DRIVES
& SYSTEMS, LLC Web Site in any manner which could damage, disable, overburden, or
impair the SW DRIVES & SYSTEMS, LLC Web Site or interfere with any other party's
use and enjoyment of the SW 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 SW DRIVES & SYSTEMS, LLC Web Sites.
USE
OF COMMUNICATION SERVICES
The SW 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.
SW DRIVES & SYSTEMS, LLC has no obligation to monitor the Communication Services.
However, SW DRIVES & SYSTEMS, LLC reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion. SW 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. SW 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. SW DRIVES & SYSTEMS, LLC does not control or endorse the content, messages
or information found in any Communication Service and, therefore, SW 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 SW 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 SW DRIVES & SYSTEMS, LLC OR POSTED AT
ANY SW DRIVES & SYSTEMS, LLC WEB SITE
SW 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 SW 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. SW 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 SW DRIVES &
SYSTEMS, LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. SW DRIVES & SYSTEMS, LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SW DRIVES & SYSTEMS, LLC WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE SW 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.
SW
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 SW 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. SW 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 SW 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 SW DRIVES & SYSTEMS, LLC WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE SW 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 SW DRIVES & SYSTEMS, LLC WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SW DRIVES & SYSTEMS, LLC WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SW 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 SW DRIVES & SYSTEMS, LLC WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SW DRIVES & SYSTEMS, LLC WEB SITE.
SERVICE CONTACT : admin@swdrives.com
TERMINATION/ACCESS
RESTRICTION
SW DRIVES & SYSTEMS, LLC reserves the right, in its sole discretion, to
terminate your access to the SW 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 SW DRIVES & SYSTEMS, LLC Web Site. Use of the SW 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 SW DRIVES & SYSTEMS, LLC as a result of this agreement or use of the SW 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 SW
DRIVES & SYSTEMS, LLC Web Site or information provided to or gathered by SW 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 SW DRIVES &
SYSTEMS, LLC with respect to the SW DRIVES & SYSTEMS, LLC Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and SW DRIVES & SYSTEMS, LLC with respect to the SW
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 SW DRIVES & SYSTEMS, LLC Web
Site are: SW DRIVES & SYSTEMS, LLC© 2010 and/or its suppliers. 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.