The Website may contain references and links to other websites on the Internet that are not owned or operated by SW+A (the “Outside Websites”). SW+A is not responsible for the availability of, or the content located on or through, any Outside Websites. Any such references or links are being provided to you only as a convenience and are not meant to imply endorsement of the Outside Websites.
SW+A is not responsible for the content of any Outside Websites nor does it make any representation or warranty of any kind regarding any Outside Websites including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any Outside Websites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such Outside Websites, and (iii) any representation or warranty that the operation of the Outside Websites will be uninterrupted or error free, that defects or errors in such Outside Websites will be corrected, or that such Outside Websites will be free from viruses or other harmful components. Once you are linked to Outside Websites, you should read the security and privacy policies of such Outside Websites before disclosing any personal information.
SW+A permits certain third party links to the home page of its Website, provided that SW+A is provided with notice of such links and does not thereafter object to such linking. SW+A reserves the right to unilaterally revoke any consent that it may at any time have given to any linkage, including linkages to the home page.
All materials displayed or otherwise accessible through this Website, including but not limited to text, graphics, videos, images, buttons, icons, interfaces, audio clips, photos, trade-marks, logos, blogs, software and other materials (collectively, “Content”) are protected by copyright and trade-mark laws and are owned by SW+A or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, copying, reproduction, posting, or other exploitation of this Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of SW+A.
Users of this Website shall not transmit/post any information to this Website that infringes the copyright or other intellectual property rights of others.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, revocable, non-transferable and non-exclusive license to access and view this Website solely on your computer for your personal, non-commercial use. This license is conditional on your not changing the Content and your acceptance of and compliance with any terms and conditions and notices accompanying the Content or otherwise set out in this Website.
This Website and all Content and information thereon may be changed, removed or updated by SW+A at any time without notice and for any reason.
In no event shall SW+A, or its associates, employees, officers, consultants, agents, shareholders, directors or licensors (“SW+A Released Parties”) be liable to any party for any direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind whatsoever (including, without limitation, any loss or damages in the nature of or relating to lost business, lost profits, lost revenue, business interruption, lost savings, lost data or programs, or economic loss) related to or arising from: (i) this Website or Content; or (ii) your use of, access to, reliance upon, browsing of, or inability to use this Website or Content; or (iii) your use of, access to, reliance upon, browsing of, or inability to use any other website or resource linked to, referenced, or accessed through this Website, including without limitation, any Outside Websites; or (iv) your downloading of, or your attempt to download, any Content or any other materials or information of any kind.
The foregoing exclusion and waiver of liability: (a) shall apply even if the SW+A Released Parties knew of or ought to have known of the possibility of such damages, and (b) applies to all causes of action, whether based on contract (including, without limitation, fundamental breach), warranty, tort (including, without limitation, negligence), or any other legal theories.
This Website and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. SW+A expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to this Website and the Content, to the fullest extent permissible under applicable law. While SW+A endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding this Website and the Content including, without limitation, no representation or warranty that (i) this Website or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of this Website will be uninterrupted or error-free, (iii) that defects or errors in this Website or the Content will be corrected, (iv) that this Website will be free from viruses, malware, worms or other harmful components or code, and (v) that communications to or from this Website will be secure and/or not intercepted. You acknowledge and agree that you are using this Website and the Content, if applicable, at your own risk and liability.
You hereby agree to release each of the SW+A Released Parties from, and in no event shall any or all of the SW+A Released Parties be liable to you or any other person or entity for, any and all liabilities and damages (including, without limitation, any direct, indirect, special, punitive, exemplary, incidental and consequential damages, including, without limitation, lost profits) whatsoever relating to or arising from your use of this Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using this Website. You will indemnify and hold each of the SW+A Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of this Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the SW+A Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website.
As you navigate through this Website, some of your user information may be passively collected (which you did not actively provide) such as your browser type, domain name, IP address, pages visited, and the length of your user session using various technologies and means, such as Internet Protocol Address, cookies, Internet Tags and navigational data collection, for the sole purpose of website enhancement. No information automatically collected is shared with third parties for advertising or other purposes except that it may be disclosed to those of SW+A’s employees, agents and contractors who assist with programming and technical aspects of hosting and operating this Website.
Any information sent or received over the Internet is generally not secure. Transmissions to and from this Website may not be confidential or secure and consequently, may be read or intercepted by others. SW+A cannot guarantee security of any communication to or from this Website. SW+A does not assume any responsibility or risk for your use of the Internet or this Website.
Any conduct by a person that in SW+A’s sole discretion restricts or inhibits any other person from using or enjoying this Website, is prohibited. You agree to use this Website only for lawful purposes and in accordance with that prohibition. You agree that you will not post on this Website or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, state, national, or international law.
SW+A may, in its sole discretion, suspend, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of such suspension, cancellation or termination, you are no longer authorized to access this Website or the part of this Website affected by such suspension, cancellation or termination. The restrictions imposed on you with respect to both Content and this Website set out in this Agreement shall survive such suspension, cancellation or termination. SW+A shall not be liable to any party for such suspension, cancellation or termination.
This Agreement, and all matters relating to your access to, or use of, this Website and its Content, shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of laws principles or rules. You agree that the courts of Ontario (or the federal courts of Canada located therein, as applicable) shall have exclusive personal jurisdiction over you with respect to all matters relating to or arising out of this Agreement and your access to and use of this Website, and you hereby waive any defense you may have of personal jurisdiction in any such actions filed in any other court or jurisdiction.
In the event that any article, provision, sentence, paragraph, sub-paragraph or term in this Agreement, or any part thereof, shall be deemed, determined, ordered or adjudged to be void, illegal, invalid or unenforceable by a court of competent jurisdiction, such offending article, provision, sentence, paragraph, sub-paragraph, term or part as the case may be shall be severed from this Agreement in and with respect to the jurisdiction of that court, and the remaining provisions of this Agreement shall remain in full force and effect and be binding unaffected thereby.
SW+A will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by an authorized officer of SW+A. No delay or omission by SW+A in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. SW+A’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of SW+A’s right to subsequently enforce such provision or any other provisions of this Agreement.
Except for any agreement in respect of Content, this Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between SW+A and you with respect to your access and use of this Website and the Content therein.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.
Please contact us if you have questions with respect to this Agreement. You can reach us by sending an email to email@example.com.