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TERMS OF SALE
This
agreement contains the terms and conditions that apply to your
purchase of products (“Products”) from APSWT,
Inc. d/b/a SW Trading/Accessory Plaza (“Company”). Please read these terms and
conditions of sale carefully. They contain very important information
about your rights and obligations, as well as limitations and exclusions
that may apply to you. This agreement was last revised on September
1, 2005. By clicking "I Agree," you acknowledge that
you have read, accepted and agreed to be bound by these terms and
conditions, and to comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations.
These terms and conditions apply unless (i) you have signed
a separate purchase agreement with Company, in which case the separate
agreement shall govern; or (ii) other Company standard terms
apply to the transactions. These terms and conditions are subject
to modification without prior written notice at any time, in Company’s
sole discretion. This agreement applies only to Products that
are sold or provided in the United States, Puerto Rico and Canada
to registered resellers and are not intended for sale to consumers.
Those resellers who desire to purchase from the Company should
contact Company at support@swtrading.net or (713)
334-8377 or (713) 975-6714. By
using the Company website, you are also subject to Company's
Terms of Use.
Price and Payment Terms
Your
total price for the Products will be stated on your purchase receipt
and you shall also receive a confirmation of your order by way
of e-mail to the address you indicate during the registration process.
Terms of payment are within Company’s sole discretion, and unless
otherwise agreed to by Company, payment must be received by Company
prior to Company’s acceptance of an order. Payment for the Products
must be made by credit card (Visa, MasterCard or Discover) or some
other prearranged payment method. Orders are not binding upon Company
until accepted by Company. Any price quotations given by Company
will be valid for the period stated on the quotation, with the
exception that Company reserves the right to reject any sale for
any reason, including for a misprint in the price quotation or
advertisement. Product prices advertised on Company website are only available for website purchases. Product prices advertised do not include shipping
and handling, which will be added to the price you pay. You must
provide Company with a valid and correct tax exemption certificate
applicable to the ship-to location prior to Company’s acceptance
of the order. MINIMUM ORDER: $50.00. (Canadian
customers are responsible for duty charges, if any.)
Shipping and Title
Company
will arrange shipping of the Products to your address using a carrier
of Company's choice, generally UPS, in Company's sole and absolute
discretion. Title and risk of loss to the Products pass to you
upon delivery to the carrier. We do not provide insurance on the
Products during delivery. The costs of shipping and handling will
be shown on your purchase receipt. Company will inform you of estimated
shipment dates, but will not be responsible for delays in delivery
due to events beyond its control, including shortage of materials,
labor strikes, transportation failure, shipping company error,
or acts of God.
Inspection of Products Upon Receipt
You
must examine the Products when you receive them. If any item is
damaged or missing, you must notify Company at once. Company will
not consider any claim for damaged or missing items more than seven
(7) days from the shipping date.
Products
Company’s
policy is one of an ongoing Product update and revision. Company
may revise and discontinue Products at any time. Company will ship
you only the Products that you ordered and does not backorder Products
once supplies are exhausted, but changes between what is shipped
and what is described in a specification sheet or online catalog
are possible. Company is not responsible
for any wrong publications or information in search engines and
third party Internet sites.
Product Suitability
Many
states and localities have codes and regulations governing sales,
construction, installation, and/or use of Products for certain
purposes, which may vary from those in neighboring areas. While
Company attempts to assure that it's Products comply with such
codes, it cannot guarantee compliance, and cannot be responsible
for how the Product is installed or used. Before purchase and use
of Product, please review the Product application, and national
and local codes and regulations, to be sure that the Product, installation,
and use will comply with them.
Limited Warranty and Disclaimers
Company
warrants to the original purchaser of the Product that the Product
will be free from defects in materials and/or workmanship from
the date of shipment for a period of seven (7) days, unless otherwise
specified. During this warranty period, Company will, at its option,
repair or replace defective Products (or at Company’s sole discretion,
refund the purchase price). This warranty does not cover damage
due to external causes, including, but not limited to, accident,
abuse, misuse, problems associated with electrical power, problems
caused by failure to provide a suitable environment or proper installation
for the Product, servicing not authorized by Company, use not in
accordance with Product instructions, or failure to perform required
preventative maintenance. This warranty is void if the Product
is taken apart or otherwise disassembled in any manner. Company
will repair or replace Products returned to its facility in accordance
with Return Policy outlined below. Company owns all parts removed
from repaired Products. If Company repairs or replaces a Product,
its warranty term is not extended. You must call Company during
the warranty period in order to be eligible to receive warranty
service under this Company Warranty.
Products
are not in any way connected with any designer labels. They are
made by private import/manufacturers under their own private labels
and are not in any way represented to be products manufactured
or licensed by others or reproductions of original famous designer
products. By making a purchase from our web site, you acknowledge
that we do not condone any misrepresentation to of our Products
source. Company does not wish to infringe on any famous brands’
copyrights or trademarks.
THE
ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS,
AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS
AGREEMENT. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION,
PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY COMPANY, ITS AGENTS
OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS LIMITED WARRANTY. COMPATIBILITY OF PRODUCTS IS NEVER
GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL
FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE OR UNDER CANADIAN LAW.
Limitation of Liability
COMPANY’S
RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED
TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT.
ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO
THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER
EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
COMPANY DOES
NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. COMPANY
WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA
OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS
LIMITATION OF LIABILITY APPLIES TO PRODUCTS. YOU AGREE THAT FOR
ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, COMPANY IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE
DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE PRODUCTS AT ISSUE
UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Return Policies
If
you bought Products directly from Company, Company may permit you,
in Company’s sole discretion, to return them up to seven (7) days
from the shipping date if accompanied with the invoice for a refund
of the purchase price. No Products may be returned for any reason
other than as provided under the applicable warranty, if any, relating
to the Products after seven (7) days from the shipping date.
To
return Products, you must call Company Customer Service at (713)
334-8377 to
receive a Return Merchandise Authorization number (“RMA”). After
receiving an RMA, you must ship the Products to Company in their
original packaging and condition, unused and uncut, prepay shipping
charges and accept the risk of loss or damage during shipment.
Company will not ship a replacement or exchange until we have received
the returned Product.
In
the unlikely event that you receive a Product that does not function
within ten (10) days of delivery, Company will pay for return shipping
provided that you obtain an RMA and arrange for shipment through
Company Customer Service at (713) 334-8377. Company will not ship
a replacement for Product that does not function until we have
received the non-functional Product.
The
returned package must contain a copy of an original sales “receipt”
or invoice containing the price of the returned Product(s). Returned
Products must be in “new” condition, and all of the manuals and
other items included with a Product must be returned with it. Any
returned Product shipped C.O.D., without a RMA visible on the exterior
of the package, or in any other way shipped without complying with
every requirement under this section may be returned or rejected
by Company. Company will not accept returns or exchanges of Products
with removed or altered serial numbers or missing/broken quality
seals.
Alternatively,
in Company’s sole discretion, Company may accept for return Products
shipped to Company not in compliance with its return policy,
but in such cases a restocking fee of twenty-five percent (25%)
will be charged. Sale items cannot be returned.
Customer Support
Company
provides a range of basic support options for the Products via
a variety of on-line, telephone, and other methods.
Company Internet Site. We recommend
that before calling customer support, you go to the Company site
on the Internet (http://www.swtrading.net). It is likely that
you can find answers to most, or all, of your questions there. Company
provides information regarding Frequently
Asked Questions (FAQ’s).
Customer Support Telephone Number.
You may contact (713) 334-8377. Company also provides a customer support
department which can assist you with questions about your purchase,
shipment, warranty service, and any exchanges or returns. This is also
the number to call to change your address or to inquire about orders,
bills and invoices.
Entire Agreement/Revisions
This
Agreement sets forth the entire agreement of the parties with respect
to the subject matter hereof. These terms and conditions may NOT
be altered, supplemented, or amended by the use of any other document(s).
Any attempt to alter, supplement or amend this document or to enter
an order for Product(s) and support that are subject to additional
or altered terms and conditions will be null and void, unless otherwise
agreed to in a written agreement signed by both you and Company.
Company may revise this Agreement at any time without notice by
updating this posting, and said revisions shall be effective immediately
upon posting. By using this Site, you agree to be bound by any
such revisions and should therefore periodically visit this Site
and page to determine the then current terms and conditions of
which you are bound. For convenience purposes only, Company may,
but is not required to, e-mail you the most current version of
this Agreement or any revisions at the e-mail address provided
during the registration process (or any updated e-mail address
given by you) in the event that there are any revisions to this
Agreement.
Assignment
Customer
shall not assign any order or any interest therein without the
prior written consent of Company. Any actual or attempted assignment
without Company's prior written consent shall entitle Company to
cancel such order upon notice to customer.
Waiver, Choice of Law and Venue
The
failure of either party to assert a right hereunder or to insist
upon compliance with any term or condition will not constitute
a waiver of that right or excuse any subsequent nonperformance
of any such term or condition by the other party. All transactions
shall be governed by the laws of the State of Texas excluding conflict
of law rules, and venue shall be in Houston, Harris County, Texas.
For any dispute arising under this Agreement, you hereby waive
your right to a trial by jury; you hereby waive your right to sue
except on an individual basis; and you waive your right to bring
any putative or certified class action.
Headings
The
section headings used herein are for convenience of reference only
and do not form a part of these terms and conditions, and no construction
or inference shall be derived therefrom.
Severability
If
any provision of these terms and conditions shall be ruled unenforceable,
then the remainder shall be enforced to the extent permissible.
Notice
Except
as explicitly stated otherwise, any notices shall be given by postal
mail to Southwest Trading/Accessory Plaza, 8000 Harwin Dr # 355,
Houston, TX 77036 (in
the case of Company) or by email to the email address you provide
to Company (in your case). Notice shall be deemed given twenty-four
(24) hours after email is sent, unless and only unless the sending
party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided by you to Company. In
such case, notice shall be deemed given three (3) days after the
date of mailing.
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TERMS
OF ACCESS AND USE
The
following are terms of a legal agreement (“Agreement”) between
you and APSWT, Inc. d/b/a Southwest
Trading/Accessory Plaza (“Company”). By accessing, browsing and/or
otherwise using this web site (“Site”), you acknowledge that you
have read, understood and agreed to be bound by these terms and conditions,
and to comply with all applicable laws and regulations, including U.S.
export and re-export control laws and regulations. If you do not agree
to all of these terms and conditions, you may not access, browse and/or
use this Site. The material provided on this Site is protected by law,
including, but not limited to, United States copyright law and international
treaties.
These
terms of access apply to your access to and use of this Site and do
not alter in any way the terms and conditions of any other agreement
you may have with Company for products, software, services or otherwise,
unless otherwise directed by Company. If you breach any of these
terms and conditions, your authorization to use this Site automatically
terminates and you must immediately destroy any downloaded or printed
materials and discontinue use of any hyperlinks to this Site.
USE
RESTRICTIONS
Copyright.
All Site materials, including, without limitation, text, pictures, graphics
and other files and the selection and arrangement thereof are copyrighted
materials of Company © 2005, ALL RIGHTS RESERVED, or by the original
creator of the material. You may not distribute, copy, reproduce, display,
republish, download, or transmit any material on this Site for commercial
use without prior written approval of Company, nor may you reproduce
this Site, in whole or in part, for any purpose whatsoever. You may not
reproduce any photographs displayed on the Site except for the purpose
of aiding your business dealings with Company. You may not “mirror” any
material contained on this Site on any other server without prior written
permission from Company. Any unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity and communications regulations and statutes.
Trademarks.
The trademarks, service marks, trade names, and logos (the “Trademarks”)
used and displayed on this Site are registered and unregistered Trademarks
of Company, its suppliers and affiliates. In addition, all page headers,
custom graphics, button icons, and scripts are service marks, trademarks
and/or trade dress of Company, and may not be copied, imitated or used,
in whole or in part, without the prior written permission of Company.
You acknowledge that the Trademarks used and displayed on this Site are
and shall remain the sole property of Company or the Trademark owner.
Nothing in this Agreement shall confer any right of ownership of any
of the Trademarks in you. Further, nothing in this Site shall be construed
as granting, by implication, estoppel or otherwise any license or right
to use any Trademark used or displayed on the Site, without the express
written permission of Company or the Trademark owner. The misuse of the
trademarks displayed on this Site, or any other content on the Site,
is strictly prohibited.
Hyperlinks.
You are granted a limited, nonexclusive right to create a “hypertext”
link to this Site provided that such link is to the entry page of this
Site and does not portray Company or any of its products or services
in a false, misleading, derogatory, or otherwise defamatory manner. This
limited right may be revoked at any time for any reason whatsoever. You
may not use framing techniques to enclose any Company trademark, logo
or trade name or other proprietary information including the images found
at the Site, the content of any text or the layout/design of any page
or any form contained on a page without Company’s express written consent.
Links to any third party sites on this Site are provided solely as convenience
to you. If you use these links, you will leave this Site. Company has
not reviewed all of these third party sites and does not control and
is not responsible for any of these sites, their content or their policies,
including, without limitation, privacy policies or lack thereof. Company
does not endorse or make any representations about third party sites
or any information, software or other products or materials found there,
or any results that may be obtained from using them. If you decide to
access any of the third party sites linked to this site, you do so entirely
at your own risk. You acknowledge and agree that Company shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by, or in connection with the use of or
reliance on any such third party sites.
Downloadable
Materials. Any software, including codes or other materials that
are made available to download from this Site, is the copyrighted work
of Company and/or its suppliers and affiliates. If you download software
from this Site, use of the software is subject to the license terms
in the software license agreement that accompanies or is provided with
the software. You may not download or install the software until you
have read and accepted the terms of the applicable software license
agreement. Without limiting the foregoing, copying or reproduction
of the software to any other server or location for further reproduction
or redistribution is expressly prohibited unless otherwise provided
for in the applicable software license agreement in the case of software,
or the express written consent of Company in the case of codes or other
downloadable materials.
Limited
Access. Except as otherwise expressly permitted by Company, any
access or attempt to access other areas of the Company computer system
or other information contained on the system for any purposes is strictly
prohibited. You agree that you will not use any robot, spider, other
automatic device, or manual process to “screen scrape,” monitor, “mine,”
or copy the Web pages on the Site or the content contained therein
without Company’ prior, express, and written permission. You will not
spam or send unsolicited e-mail to any other user of the Site for any
reason. You agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working of the
Site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on Company’s Site infrastructure.
Additional Use Restrictions.
You shall not post, transmit, e-mail, re-transmit or store material on
or through any of the services provided by Company (the “Services”) which,
in the sole judgment of the Company: (i) is in violation of any local,
state, federal or non-United States law or regulation, (ii) is threatening,
obscene, indecent, defamatory or that otherwise could adversely affect
any individual, group or entity (collectively, "Persons") or
(iii) violates the rights of any person, including rights protected by
copyright, trade secret, patent or other intellectual property or similar
laws or regulations including, but not limited to, the installation or
distribution of "pirated" or other software products that are
not appropriately licensed for use by you. You shall be responsible for
determining what laws or regulations are applicable to its use of the
Services. In addition, you may only use the Services in a manner that,
in the Company's sole judgment, is consistent with the purposes of such
Services. If you are unsure of whether any contemplated use or action
is permitted, please contact the Company at support@swtrading.net.
By way of example, and not limitation, the following uses described below
of the Services are expressly prohibited:
-
upload, post, e-mail
or otherwise transmit any information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
(collectively, “Content”) that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable. Pornography and pornographic related merchandising
are prohibited under all Services, including providing links to pornographic
content elsewhere;
-
harm minors in any way;
-
impersonate any person
or entity, including, but not limited to, a Company official or employee,
or falsely state or otherwise misrepresent your affiliation with
a person or entity;
-
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Services or develop restricted or password-only
access pages, or hidden pages or images (those not linked to from
another accessible page);
-
upload, post, e-mail
or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
-
upload, post, e-mail
or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
-
upload, post, e-mail
or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas of the Services, if any, that
are designated for such purpose;
-
upload, post, e-mail
or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
-
disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other
users of the Services are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time
or other exchanges;
-
interfere with or disrupt
the Services or servers or networks connected to the Services, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Services;
-
intentionally or unintentionally
violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, any
export control laws, and any regulations having the force of law;
-
“stalk" or otherwise
harass another;
-
promote or provide instructional
information about illegal activities, promote physical harm or injury
against any group or individual, or promote any act of cruelty to
animals. This may include, but is not limited to, providing instructions
on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
and
-
effecting security breaches
or disruptions of Internet communication. Security breaches include,
but are not limited to, accessing data of which you are not an intended
recipient or logging into a server or account that you are not expressly
authorized to access.
DISCLAIMER
WARRANTY
This
Site, including all software, functions, materials, and information,
is provided “as is” without warranties of any kind, either express
or implied. Company disclaims all warranties, express or implied, including,
but not limited to, warranties of non-infringement, title, data accuracy,
quiet enjoyment, system integration, informational content, and implied
warranties of merchantability, fitness for a particular purpose, and
merchantability of computer programs. Company does not warrant or make
any representations regarding the operation of this Site, the use,
validity, accuracy or reliability of, or the results of the use of
the materials on this Site or any other sites linked to this Site.
The materials of this Site may be out of date, and Company makes no
commitment to update the materials at this Site. Company does not and
cannot guarantee or warrant that the files available for downloading
from this Site, if any, will be free from infection, viruses, worms,
Trojan horses, or other code that manifest contaminating or destructive
properties. Company does not warrant that this Site, software, materials,
products, or services will be uninterrupted or error-free or that any
defects in this Site, software, materials, products, or services will
be corrected.
LIMITATION
OF LIABILITY
In
no event will Company, its suppliers or other third parties mentioned
at or in this Site be liable for any damages, including, without limitation
direct, indirect, special, incidental, or consequential damages, damages
resulting from lost profits, lost data or business interruption arising
out of relating to the use, inability to use, or resulting from the
use of this Site, any web sites linked to this Site, the materials,
software or other information contained in any or all such sites, whether
based on warranty, contracts, statutes, regulations, tort (including
but not limited to, negligence) or any other legal theory, and whether
or not advised of the possibility of such damages. If your use of the
materials or information from this Site results in the need for servicing,
repair or correction of equipment or data, you assume all costs thereof.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may
not apply to you.
U.S.
GOVERNMENT RESTRICTED RIGHTS
The
materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication,
or disclosure by the government is subject to restrictions as set forth
in applicable laws and regulations. Use of the materials by the government
constitutes acknowledgment of Company’s or other owner’s proprietary
rights in them.
REVISIONS
TO THIS AGREEMENT
Company
may revise this Agreement at any time without notice by updating this
posting. By using this Site you agree to be bound by any such revisions
and should therefore periodically visit this Site and page to determine
the then current terms and conditions of use to which you are bound.
TRANSMISSIONS
Any
material, information or idea you transmit to or post on this Site by
any means will be treated as non-confidential and non-proprietary and
may be disseminated or used by Company or its affiliates for any purpose
whatsoever, including, but not limited to, developing, manufacturing
and marketing products. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, profane material or
any other material, including but not limited to any material that could
give rise to any civil or criminal liability under both domestic and
international law.
APPLICABLE
LAWS & MISCELLANEOUS
If
any provision(s) of this Agreement is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force
and effect. Company’s failure to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver
of such right or provision unless acknowledged and agreed to
by Company in writing. The section titles in this Agreement are
solely used for the convenience of the parties and have no legal
or contractual significance. This Agreement may be assigned in
whole or in part by Company. This Agreement may not be assigned
in any manner by you without the express, prior written permission
of Company. This Agreement shall be governed by and construed
in accordance with the laws of the State of Texas notwithstanding
any conflict of laws provisions. You irrevocably and unconditionally
(i) consent to submit to the exclusive jurisdiction of the state
and federal courts in the County of Harris, Texas (the “Texas Courts”)
for any litigation or dispute arising out of or relating to this
Agreement, (ii) agree not to commence any litigation arising
out of or relating to this Agreement except in the Texas Courts,
(iii) agree not to plead or claim that such litigation brought
therein has been brought in an inconvenient forum, and (iv) agree
the Texas courts represent the exclusive jurisdiction for all
disputes relating to this Agreement.
Effective Date: 8-29-07
Privacy Policy
Our Privacy Policy is designed to assist you-businesses, consumers and the general public-in understanding how we collect and use the personal information you provide to us, and to help you make informed decisions when using our web site and all of our related services therein.
Contact Information
To request a correction or deletion of your private information, or if you have any questions and general comments about this privacy policy, please contact us: e-mail:
Surface mailing address:
SW Trading
8000 Harwin Dr
Ste 410
Houston, TX 77036
Ph. 713-975-6714 or 713-334-8377
Email: webmaster@swtrading.net
What Information Do We Collect?
When visiting the our web site, you may provide us with two types of information: personal information you voluntarily choose to disclose that is collected on an individual basis, and Web site use information gathered on a collective basis as you and others browse our Web site.
Personal Information You Choose to Provide
Registration Information
You will provide us information about yourself, your firm or company, and your practices when you register to be a user of our services, register for certain services, or register for email newsletters and alerts.
Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. If you use our "Email this page" feature to send a copy of that page to someone else, your email address will appear as the sender of the email. Both your email address and the recipient's email address will not be used for any other purpose.
How Do We Use the Information That You Provide to Us?
Generally, we use personal information for purposes of managing and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable.
Choice/Opt-out
We allow you the choice to opt-out of having your information used for purposes not directly related to our site, when we ask for the information.
Until you explicitly opt-in for the first time we consider you in the opt-out category. We always notify our customers when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
If you do not wish to receive any promotional or marketing e-mails and/or surface mail marketing letters, you may opt-out of receiving those communications by using the opt-out mechanism on the User Account Settings Web page, or by sending an e-mail with the subject line "Unsubscribe" to or e-mail address - see above.
What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
How Do We Use Information We Collect from Cookies?
As you visit our Web site, the site uses its cookies to differentiate you from other customers. In some cases, we also use cookies to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security.
Cookies, in conjunction with our Web server's log files, allow us to calculate the aggregate number of people visiting our Web site and which parts of the site are most popular. This helps us gather feedback in order to constantly improve our Web site and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.
Sharing Information with Third Parties
We may enter into alliances, partnerships or other business arrangements with third parties who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you.
In connection with alliances, partnerships or arrangements, we may also provide certain information to third parties if we have determined that the information will be used in a responsible manner by a responsible third party.
We also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with business activities.
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.
How Do We Protect Your Information?
Secure Information Transmissions
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on our Web site may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services. Pages utilizing this technology will have URLs that start with HTTPS instead of HTTP. Please contact (webmaster@swtrading.net) if you have any questions or concerns.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by contact us, see the above contact information.
What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site. Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites which have a link on our Web site, is subject to that Web site's own rules and policies. Please read over those rules and policies before proceeding.
Your Consent
By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Web site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. At any time you may request to view any and all changes and updates, via surface mail.
Notification of Changes
The Privacy Policy is subject to periodic review and change. In order to view the current Privacy Policy, simply check this section of the website.
If we materially change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so users are aware of what information we collect, how it is used, and under what circumstances, if any, we disclose it. In some cases where we post a notice, we may also email user who have opted to receive communications from us, notifying them of the changes in our privacy practices. |
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