1. THIS IS AN AGREEMENT BETWEEN YOU AND SWARTS, MANNING & ASSOCIATES

This is an agreement ("Agreement") between you and Swarts, Manning & Associates (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Swarts, Manning & Associates. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

SWARTS, MANNING & ASSOCIATES OFFERS THE SWARTSMANNING.COM WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SWARTSMANNING.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 6, 7, and 8); AND AN EXCLUSIVE REMEDY (See Section 7). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.


2. HOW SWARTS, MANNING & ASSOCIATES MAY MODIFY THIS AGREEMENT

Swarts, Manning & Associates reserves the right to change the terms, conditions, and notices under which it offers the Swartsmanning.com Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Swarts, Manning & Associates Web Site. Your continued use of the Swartsmanning.com Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.


3. ADDITIONAL TERMS

If any terms contained in this Agreement conflict with any terms contained within the Swartsmanning.com Web Site, then the terms in this Agreement shall control.


4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SWARTSMANNING.COM WEB SITE

The Swarts, Manning & Associates Web Site is only for your personal use. You will not use the Swarts, Manning & Associates Web Site for commercial purposes. You will not use the Swarts, Manning & Associates Web Site in any way that is unlawful, or harms Swarts, Manning & Associates, its affiliates, resellers, distributors, service providers and/or suppliers or any customer of a Swarts, Manning & Associates, as determined in Swarts, Manning & Associates’ sole discretion. You may not use the Swarts, Manning & Associates Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Swarts, Manning & Associates Web Site. Without limiting the generality of this section, you may not use the Swarts, Manning & Associates Web Site in any manner that could damage, disable, overburden, or impair any Swarts, Manning & Associates Web Site (or the network(s) connected to any Swarts, Manning & Associates Web Site) or interfere with any other party's use and enjoyment of the Swarts, Manning & Associates Web Site.


5. SPAM IS PROHIBITED AND CAUSES DAMAGE

Without limiting the generality of Section 4, you will not use the Swarts, Manning & Associates Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Swarts, Manning & Associates may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Swarts, Manning & Associates Web Site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Swarts, Manning & Associates Web Site even if such e-mail does not violate the Anti-Spam Policy.


6. SWARTS, MANNING & ASSOCIATES MAKES NO WARRANTY

PROVIDES THE SWARTSMANNING.COM WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWARTS, MANNING & ASSOCIATES MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SWARTS, MANNING & ASSOCIATES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SWARTSMANNING.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.


7. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SWARTSMANNING.COM WEB SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 7 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SWARTSMANNING.COM WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PARTY WITH RESPECT TO THIS AGREEMENT OR THE SWATSMANNING.COM WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SWARTSMANNING.COM WEB SITE.


8. CHANGES TO THE SWARTSMANNING.COM WEB SITE; ADDITIONAL LIABILITY LIMITATION

SWARTS, MANNING & ASSOCIATES MAY CHANGE THE SWARTSMANNING.COM WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Swartsmanning.com Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Swarts, Manning & Associates and persons other than Swarts, Manning & Associates (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT SWARTS, MANNING & ASSOCIATES IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT SWARTS, MANNING & ASSOCIATES IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SWARTSMANNING.COM WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE SWARTSMANNING.COM WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SWARTSMANNING.COM WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SWARTSMANNING.COM WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 6, 7 AND 8 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.


8. TERMINATION; ACCESS RESTRICTION

Swarts, Manning & Associates may terminate this Agreement, or terminate or suspend your access to the Swartsmanning.com Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Swartsmanning.com Web Site will immediately cease.


9. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Nevada, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Clark County, Nevada, USA in all disputes arising out of or relating to the use of the Swartsmanning.com Web Site.


10. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. Swarts, Manning & Associates, may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Swartsmanning.com Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Swarts, Manning & Associates, with respect to the Swartsmanning.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Swarts, Manning & Associates, with respect to the Swartsmanning.com Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.


11. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND SWARTS, MANNING & ASSOCIATES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SWARTSMANNING.COM WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


12. COPYRIGHT, SERVICE AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the Swartsmanning.com Web Site are Copyright ©2008 and, where noted, by its Web Site developers. All rights reserved. Any rights not expressly granted herein are reserved. Click for Policy Information