Welcome to dswcc.com. These Terms of Service (“Terms”) govern your access to and use of the dswcc.com website (the “Site”), including any content, functionality, and services offered on or through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Site.
1. Acceptance of Terms
By accessing and using dswcc.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you (“User” or “you”) and dswcc.com (“we,” “us,” or “our”). If you are using the Site on behalf of an organization, you are agreeing to these Terms for that organization and representing to dswcc.com that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization. We reserve the right to modify these Terms at any time, and it is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
2. Use License
2.1 Grant of License
dswcc.com grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal or internal business purposes, subject to these Terms. This license does not grant you any ownership rights in the Site or its content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site, except as expressly permitted by these Terms.
2.2 Restrictions on Use
You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Specifically, you agree not to:
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
- Harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks.
- Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload, post, email, transmit, or otherwise make available any 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.
- Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
2.3 Account Security
If any portion of the Site requires you to register or create an account, you are responsible for maintaining the confidentiality of your account information, including your password. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.
3. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES PROVIDED ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
4. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DSWCC.COM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES PROVIDED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IF YOU HAVE NOT PAID US FOR ACCESSING THE SITE, OUR LIABILITY TO YOU SHALL BE LIMITED TO $100.00 (ONE HUNDRED US DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. Revisions and Errata
The content appearing on dswcc.com could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on its website at any time without notice. We do not, however, make any commitment to update the materials.
6. Links to External Sites
The Site may contain links to third-party websites or resources (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or services of such External Sites. We are not responsible for the availability, accuracy, content, or practices of External Sites. Your interactions with External Sites are solely between you and the third party. You acknowledge and agree that we 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 content, goods, or services available on or through any External Sites. You should review the terms and privacy policies of all External Sites you visit.
7. Site Terms of Use Modifications
We may revise these Terms of Use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Service.
8. Governing Law
Any claim relating to dswcc.com’s website shall be governed by the laws of the State of [Insert State Name], without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts located in [Insert County/City, State Name]. You hereby irrevocably consent to the jurisdiction of such courts.
9. Privacy Policy Reference
Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference, to understand our practices regarding the collection, use, and disclosure of your personal information. The Privacy Policy can be found at [Insert Link to Privacy Policy]. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.