Last Updated: July 12, 2011
SWCP TERMS OF USE AGREEMENT
Welcome to the SW Capital Partners website. Please read these Terms of Use Agreement (the “Terms of Use”) carefully, as it constitutes legally binding terms and conditions and applies to your use of www.swenergycap.com (the “Site”), which is made available by SW Capital Partners (“SWCP”, “we”, “our” or “us”). The term “Site” includes all content, applications, features, functionality and services offered by us on the Site. These Terms of Use govern only the Site, and the content, features, and activities made available on the Site, and do not cover other websites or any corresponding content, features, and activities made available by any other company, unless specifically stated.
1. Modifications. We may modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion. Once we post them on the Site, these changes become effective immediately and if you use or access the Site after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you. For your convenience, the date of the last update to these Terms of Use appears at the top of this document.
2. Compliance. By using the Site, you represent, warrant and covenant that your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein.
3. Trademarks
A. “SWCP” and other SWCP graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, trademarks or trade dress of SWCP in Canada and United States. You may not use SWCP’s registered or unregistered trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that SWCP endorses any product or service. You may not reproduce or use SWCP’s registered or unregistered trademarks or trade dress without the prior written permission of SWCP.
B. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by SWCP or by any third party.
4. Copyright and Content
The contents of this Site are protected by copyright under both Canadian and foreign laws. Title to the content of this Site remains with SWCP or it licensors. Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SWCP. All rights not expressly granted herein are reserved to SWCP and its licensors.
5. Hyperlinks To Third Party Web Sites. We provide hypertext links (hyperlinks) on our web site to the web sites of third parties, including Scotia Capital and Scotia Waterous. Our web site has been independently developed by us, and Scotia Capital and Scotia Waterous have no control over information in our site. We provide hyperlinks to the web sites of Scotia Capital and Scotia Waterous only as a convenience, and the listing of Scotia Capital or Scotia Waterous in our web site should not be construed as an endorsement by either of them of our services or products. Scotia Capital and Scotia Waterous are not responsible for the quality, content or reliability of any information in our web site, and the inclusion of these hyperlinks should not be construed as an endorsement by Scotia Capital or Scotia Waterous of the information in our web site and does not imply that Scotia Capital or Scotia Waterous have investigated, verified or monitored the information in our web site or that either of them is responsible in any way for the investment results of our portfolio companies.
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of SWCP, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers or operational service providers. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's or SWCP’s logo and/or sponsorship identification is on the third party website as part of a co-branding or promotional arrangement. If any third party website you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.
6. Assignment. These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by SWCP without restriction and without notice to you.
7. Indemnity. You agree to defend, indemnify and hold SWCP, its successors and assigns, clients, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use or access of the Site or (b) your breach or violation these Terms of Use. SWCP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SWCP’s defense of such Claim.
8. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE AND ALL CONTENT ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE AND ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY DISCLAIMED. SWCP DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. SWCP IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR ANY RELIANCE ON SUCH INFORMATION OR CONTENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, User Content associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SWCP, ITS CLIENTS, AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
9. Governing Law; Access; Miscellaneous. This Terms of Use contain the entire understanding and agreement between you and SWCP concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta, Canada without regard to its choice of law provisions. You agree that the courts of the Province of Alberta shall have sole and exclusive jurisdiction over any action at law or inequity arising from your use of the Site and these Terms of Use, and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts. For the avoidance of doubt, this choice of Alberta law does not have the effect of incorporating into these Terms of Use in whole or part any Alberta statute or regulation if the scope of application of the statute or regulation or any provision of the statute or regulation would not otherwise include these Terms of Use.
The Site is controlled and operated by SWCP from its offices in Alberta, Canada. SWCP makes no representation or warranty that the Content contained on or made available in connection with this Site is legal, appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable.
These Terms of Use were last modified on the date indicated above and are effective immediately. |
