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TERMS AND CONDITIONS OF USE
OF
www.southwestsolutions.com
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of
www.southwestsolutions.com
("the Website") and any Services referred to in Clause 2, is subject
exclusively to these Terms and Conditions. You will not use the
Website/Services for any purpose that is unlawful or prohibited by these
Terms and Conditions. By using the Website/Services you are fully
accepting the terms, conditions and disclaimers contained in this
notice. If you do not accept these Terms and Conditions you must
immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these
Terms and Conditions at any time and your continued use of the
Website/Services following any changes shall be deemed to be your
acceptance of such change. It is therefore your responsibility to check
the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as
email, bulletin boards, chat areas, news groups, forums and/or other
message or communication facilities ("the Services") designed to enable
you to communicate with others. Unless stated otherwise the Services are
for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our
users, particularly children. Parents who wish to allow their children
access to and use of the Website/Services should supervise such access
and use. By allowing your child access to the Services you are allowing
your child access to all of the Services, including email, bulletin
boards, chat areas, news groups, forums and/or other message or
communication facilities. It is therefore your responsibility to
determine which Services are appropriate for your child. Always use
caution when revealing personally identifiable information about
yourself or your children via any of the Services.
4 PRIVACY POLICY
We are committed to responsible data management and
subscribe to the principals of the data protection legislation in the
United States. We are committed to maintaining the privacy of our users
and maintaining the security of any personal information received from
you. If you register for any of the Services you will be asked to
provide basic personal information. The information provided by you is
not available for sale or use by third parties. The information is used
solely for notifying you of changes or updates to the Website/Services.
OR
4.1
We are committed to responsible data management and
subscribe to the principals of the data protection legislation in the
United States. We are committed to maintaining the privacy of our users
and maintaining the security of any personal information received from
you. If you register for any of the Services you will be asked to
provide basic personal information. The information provided by you is
not available for sale or use by third parties. The information is used
solely for notifying you of changes or updates to the Website/Services.
4.2 We use a technology called "cookies" as part of
our normal business procedure to track patterns of behaviour of visitors
to the Website. A cookie is an element of data that the Website sends to
your browser that is then stored on your system. You can set your
browser to prevent this happening. Any information collected in this way
can be used to identify you unless you change your browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an
account you will be required to complete the registration process by
providing certain information and registering a username and password
for use with that Service. You are responsible for maintaining the
confidentiality of the username and password and also for all activities
which take place under your account. You agree to immediately notify us
of any unauthorised use of your password or account or any other breach
of security. In no event will
www.southwestsolutions.com be liable for any
indirect or consequential loss or damage whatsoever resulting from the
disclosure of your username and/or password. You may not use another
person’s account at any time, without the express permission of the
account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text,
graphics, logos, photographs, images, moving images, sound,
illustrations and other materials ("the Content"), whether posted
publicly or transmitted privately, are the sole responsibility of the
person from whom such Content originated. We do not control or endorse
the Content and cannot guarantee the accuracy, integrity or quality of
such Content and you acknowledge that by using the Services you may be
exposed to Content that is offensive and/or indecent.
www.southwestsolutions.com
will not be liable in any way for any Content or for any
loss or damage of any kind resulting from the use of any Content
transmitted via the Services and you agree to bear all risks associated
with the use of any Content, including any reliance on the accuracy or
completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email,
spam, chain letters, pyramid schemes or any other unsolicited
messages, commercial or otherwise;
6.2.2 post, publish, distribute or
disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing
or unlawful;
6.2.3 post, publish, distribute or
disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their
race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or
otherwise violate the legal rights (including rights of privacy
and publicity) of others;
6.2.5 use any information or material in any
manner that infringes any copyright, trademark, patent or other
proprietary right of any party;
6.2.6 make available or upload files that
contain a virus, worm, trojan or corrupt data that may damage
the operation of the computer or property of another;
6.2.7 collect or store personal information
about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods
or services for any commercial purpose, unless such
communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for
the purpose of misleading others;
6.2.10 violate any applicable laws or
regulations;
6.2.11 use the Website/Services in any manner
that could damage, disable, overburden or impair the
Website/Services or interfere with any other party’s use and
enjoyment of the Website/Services;
6.2.12 post, publish, distribute or
disseminate material or information that you do not have a right
to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential
information disclosed in the course of employment or under a
confidentiality agreement);
6.2.13 attempt to gain unauthorised access to
any of the Services, other accounts, computer systems or
networks connected to the Website/Services through hacking,
password mining or any other means.
6.3 We have no obligation to monitor the Services but
shall be entitled to review materials posted to a communications
facility and, at our sole discretion, to remove any material that
breaches these Terms and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access to any
or all of the Services at any time, without notice, for any reason,
including without limitation, breach of these Terms and Conditions. We
may also at any time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior notice and you agree
that we shall not be liable to you or any third party for any
termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party
websites that are controlled and maintained by others. Any link to other
websites is not an endorsement of such websites and you acknowledge and
agree that
www.southwestsolutions.com is not responsible for
the content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside (if different) and with all
local laws and rules regarding acceptable use of and conduct on the
Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without
limitation the Website design, text, graphics and all software and
source codes connected with the Website and the Services) are protected
by copyright, trade marks, patents and other intellectual property
rights and laws. In accessing the Website you agree that you will access
the contents solely for your personal, non-commercial use. None of the
content may be downloaded, copied, reproduced, transmitted, stored, sold
or distributed without the prior written consent of the copyright
holder. This excludes the downloading, copying and/or printing of pages
of the Website for personal, non-commercial home use only.
10.2
www.southwestsolutions.com does not claim
ownership of any materials you post, upload or submit to any publicly
accessible area of the Services. However, by doing so you are granting
us a world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit, translate or
publish such Content for as long as you elect to display such Content
via the Services. The licence shall be terminated when such Content is
deleted from the Services.
11 INDEMNITY
You agree to indemnify and hold
www.southwestsolutions.com
harmless from and against any breach by you of these
Terms and Conditions and any claim or demand brought against
www.southwestsolutions.com
by any third party arising out of your use of the
Services and/or any Content submitted, posted or transmitted through the
Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses) howsoever suffered or incurred by
www.southwestsolutions.com
in consequence of your breach of these Terms and
Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk.
The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of
any kind whether express or implied, including but not limited to the
implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law,
www.southwestsolutions.com
will not
be liable for any indirect or consequential loss or
damage whatsoever (including without limitation loss of business,
opportunity, data, profits) arising out of or in connection with the use
of the Website/Services.
12.3
www.southwestsolutions.com makes no warranty that
the Website/Services will meet your requirements, that Content will be
accurate or reliable, that the functionality of the Website/Services
will be uninterrupted or error free, that defects will be corrected or
that the Website/Services or the server that makes them available are
free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be
construed so as to exclude or limit the liability of
www.southwestsolutions.com
for death or personal injury as a result of the negligence of
www.southwestsolutions.com.
12.5 Nothing in these Terms and Conditions shall
affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be
determined to be invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction then such Term or Condition shall be
severed and the remaining Terms and Conditions shall survive and remain
in full force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and
construed in accordance with the law of
United States and
you hereby submit to the exclusive jurisdiction of the
United States
courts.
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