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
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
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
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
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.
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