Terms and Conditions
Interpretation and Definitions
The words of which the initial letter is capitalized in this document have specific meanings as defined in these Terms and Conditions. For the purposes of this Agreement, “Affiliate” denotes an entity that controls, is controlled by, or is under common control with SWENEX Limited Liability Company, where “control” is defined as ownership of 50% or more of the shares, equity interest, or other securities with voting rights for the election of directors or other governing authority. “Country” refers to Delaware, United States. SWENEX Limited Liability Company, referenced in this Agreement as either “the Company”, “We”, “Us”, or “Our”, is located Coastal Highway, Lewes DE 19958. “Device” represents any device that is capable of accessing the Service, including computers, cell phones, and digital tablets. “Feedback” encompasses feedback, ideas, or suggestions sent by You in regards to the characteristics, performance, or features of our Service. “Service” refers to the SWENEX Limited Liability Company Website, https://swenexus.com. “You” refers to the individual using or accessing the Service, or the company or legal entity they are accessing or using the Service on behalf of, as applicable. “Third-Party Social Media Service” is any service or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Acknowledgement
These Terms and Conditions form the basis of the agreement between You and SWENEX Limited Liability Company regarding the use of the Service and outline the rights and obligations of all users of the Service.
Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms and Conditions, which apply to all visitors, users, and other people who utilize the Service.
If You disagree with any part of these Terms and Conditions, You are not permitted to access the Service.
By accessing or using the Service, you warrant that You are at least eighteen (18) years of age.
Additionally, your access and use of the Service is contingent upon Your acknowledgment and adherence to the Privacy Policy of SWENEX Limited Liability Company; the Privacy Policy outlines the Company’s policies and procedures concerning the collection, use, and disclosure of Your personal information when You use the Application or Website, as well as Your privacy rights and how the law protects You.
Therefore, it is essential that You read the Privacy Policy carefully before using the Service.
Intellectual Property
The Service and its original content, features, and functionality, except for the Content which is provided by You or other users, are and will remain the exclusive property of SWENEX Limited Liability Company and its licensors. The Service is safeguarded by copyright, trademark, and other laws in both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written authorization of SWENEX Limited Liability Company.
Your Feedback to Us
ineffective, you agree to grant SWENEX Limited Liability Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, disclose, sub-license, distribute, modify, and exploit such Feedback without any restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services which are not owned or controlled by SWENEX Limited Liability Company. The Company has no authority over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be held liable, either directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of, or reliance on, any such content, goods, or services available on or through any such websites or services. We firmly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We reserve the right to terminate or suspend Your access without prior notice or liability for any reason whatsoever, including, but not limited to, if You breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided “as is” and “as available” without warranty of any kind. To the maximum extent allowed by applicable law, SWENEX Limited Liability Company, on its behalf and on behalf of its Affiliates and its and their respective licensors and service providers, explicitly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation, the Company does not guarantee that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Neither the Company nor any of its providers make any kind of representation or warranty, express or implied: (i) regarding the functionality or availability of the Service, or the information, content, and materials or products included therein; (ii) that the Service will be uninterrupted or error-free; (iii) with regards to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful components.
In some jurisdictions, certain types of warranties and limitations on applicable statutory rights of a consumer may not be excluded, so some parts of the above exclusions and limitations may not apply to You. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your usage of the Application may also be subject to other local, state, national, or international laws.
For European Union (EU) Users
If You are a resident of the European Union, You will benefit from any applicable mandatory provisions of the law of the country in which You are located.
United States Legal Compliance
You assure and guarantee that (i) You are not situated in a nation that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
The unenforceability or invalidity of any provision of these Terms shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall remain in full force and effect.
Unless otherwise stated herein, failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
SWENEX Limited Liability Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the changes are significant, reasonable efforts will be taken to provide at least 30 days’ notice prior to any new terms taking effect. The determination of what constitutes a material change will be made at the sole discretion of SWENEX Limited Liability Company.
By continuing to access or utilize Our Service after such revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, either in whole or in part, please cease using the website and the Service.
