80-006 Rev 06.2009.01
YOU REPRESENT AND WARRANT BY USING THIS SITE THAT YOU ARE AT LEAST 18 YEARS OF AGE, OF SOUND MIND, ARE COMPETENT TO ENTER INTO A LEGALLY BINDING AGREEMENT AND HAVE
INTELLECTUAL PROPERTY. All content on this Site, including without limitation any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, (hereinafter “SWC Marks”) and all intellectual property of any kind whatsoever, and all right therein, is owned exclusively by Southwest Credit Services, a Texas Limited Partnership, 5910 Plano Parkway Suite 100 Plano, Texas 75093 or the licensors, suppliers, or Customers of SWC and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Site may be copied, reproduced, duplicated, published, or sold, re-sold, transferred, distributed, or exploited in any form or by any means whatsoever without the prior express written permission of SWC or the appropriate SWC licensor, supplier, or Customer. Without limiting the foregoing, neither this Site nor the Services, nor any content or Services on or available on or through this Site, shall be reproduced, duplicated, copied, sold, re-sold, transferred, distributed, or exploited for any commercial purpose. DISCLAIMERS. SWC makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content herein or accessible hereby in whole or in part. By using this Site, you agree to indemnify and hold SWC, its agents, employees, customers, officers, directors, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including without limitation attorneys and accountants’ fees and costs caused by, or arising out of or related directly or indirectly to your reliance on any content contained on this Site or accessible or made available through this Site.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICATIONS, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN “AS IS,” “AS AVAILABLE,” BASIS. IN NO EVENT SHALL SWC BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, MEMBERS, GUESTS OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST SWC RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM “DAMAGES’ AS USED HEREIN INCLUDES WITHOUT LIMITATION ANY AND ALL LIABILITY, LOSS, DAMAGE,
A. Use or attempt to use the Services to restrict, inhibit or interfere with any other User using or accessing the Site or the Services;
B. Impersonate or misrepresent in any way your affiliation with any other person or entity, including without limitation SWC or that any Customer, Representative, Visitor or user, or company or employer or affiliate of a Customer, Representative, Visitor or user, or that any Content Posted or Transmitted by you is endorsed or approved by SWC. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Site, you warrant to SWC that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. MEMBER ACCOUNT, PASSWORD AND SECURITY. To interact with certain features of the Site, you may choose to or may be required to register. In this event, you will choose a unique password and account designation upon completing the Service's registration process. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SWC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SWC has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SWC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SWC will not be liable for any loss or damage arising from your failure to comply with the provisions hereinabove. FINANCIAL TRANSACTIONS.