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Terms of Use
Welcome to the website of Swing Train ("ST").
This website is best viewed using a contemporary browser.
You agree that by visiting any pages in our website you are in
fact "using" it. You agree you will not use "bots" or
other types of automated devices to copy, remove or alter any data
contained in this website.
Use of this website, logos, trademaks contained herein and information
distributed in conjunction with this website are offered to you
on your acceptance of these Terms of Use, our Privacy Policy and
other notices posted on this website. Your use of this website
or of any content presented in any and all areas of the website
indicates your acknowledgment and agreement to these Terms of Use,
our Privacy Policy and other notices posted on this website. If
you do not agree to be bound by and comply with all of the foregoing,
you may not access or use our website. We suggest you print a copy
of each of these documents for your records.
ST reserves and shall have the right, at its sole discretion,
to modify, add or remove any terms or conditions of these Terms
of Use without notice or liability to you. Any changes to these
Terms of Use shall be effective immediately following the posting
of such changes on this website. The most recent version of these
Terms of Use may always be found at this URL. You agree to review
these Terms of Use from time to time and agree that any subsequent
use by you of this website following changes to these Terms of
Use shall constitute your acceptance of all such changes. These
Terms of Use were last modified on April 12, 2005.
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Disclaimer
This website is provided for informational purposes only. It
is provided to you solely for your own personal, non-commercial
use and not for purposes of resale, distribution, public display
or performance, or any other uses by you in any form or manner
whatsoever. Unless otherwise indicated on this website, you may
display, download, archive, and print a single copy of any information
on this website, or otherwise distributed from ST, for such personal,
non-commercial use, provided it is done pursuant to the User Conduct
and Obligations set forth herein.
The performance of this website and all information contained
on, downloaded or accessed from this website are provided to you
on an "as is" basis, without warranties of any kind whatsoever,
including any implied warranties or warranties of merchantability,
fitness for a particular purpose or non-infringement of the rights
of third parties. ST shall be not responsible for any problems
or technical malfunction of any telephone network or lines, computer
on-line systems, servers, Internet access providers, computer equipment,
software, or any combination thereof including any injury or damage
to your or any other person's computer as a result of using this
website.
ST reserves the right, at its sole discretion, to modify, disable
access to or discontinue, temporarily or permanently, any part
or all of this website or any information contained thereon without
liability or notice to you.
As a visitor to our website, you acknowledge and agree that any
reliance on or use by you of any information available on this
website shall be entirely at your own risk. In no event shall ST
be liable for any direct, indirect, consequential or exemplary
damages arising from the use or the performance of this website,
even if ST or such provider has been advised of the possibility
of such damages.
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Privacy Policy
You have read and agree to all of the terms and conditions of
our Privacy Policy, which is available by clicking on Privacy
Policy.
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Confidentiality
and Transmissions over the Internet
The transmission of data or information (including communications
by e-mail) over the Internet or other publicly accessible networks
is not secure, and is subject to possible loss, interception or
alteration while in transit. Accordingly, we do not assume any
liability for any damage you may experience or costs you may incur
as a result of any transmissions over the Internet or other publicly
accessible networks, such as transmissions involving the exchange
of e-mail with us (including those which may contain your personal
information). While we shall take commercially reasonable efforts
to safeguard the privacy of the information you provide us and
treat such information in accordance with our Privacy Policy, in
no event will the information you provide to us be deemed to be
confidential, create any fiduciary obligations to you on our part,
or result in any liability to you on our part in the event that
such information is inadvertently released by us or accessed by
third parties without our consent.
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User Conduct and
Obligations
You agree to follow all applicable laws and regulations when
using this website. Furthermore, you agree that you shall not:
- upload, post or otherwise transmit through or to this website
any content that:
- is unlawful, abusive, threatening, harmful,
obscene, lewd, offensive, defamatory or otherwise objectionable;
- might
infringe the intellectual property rights, privacy
rights, rights of publicity, or other proprietary rights
of others;
- contains
any viruses, trojan horses, time bombs, or any other
harmful programs or elements;
- disrupt, place unreasonable burdens or excessive loads
on, interfere with or attempt to gain unauthorized access
to any portion of our website, its computer systems, servers
or networks;
- provide false information about yourself to us, impersonate
any other person, or otherwise attempt to mislead others
about your identity or the origin of any content, message
or other communication;
- transmit junk mail, chain letters, or other unsolicited
bulk e-mail or duplicative messages;
- collect information about other visitors to our website
without their consent or otherwise systematically extract
data or data fields, including without limitation any financial
data or e-mail addresses;
- sell access to or the use of this website, including
any content contained on, downloaded or accessed from this
website, except as specifically permitted in writing by
ST;
- redistribute any content, including financial data, provided
by us in any manner whatsoever including by means of
printed publication, fax broadcast, web pages, e-mail, web
newsgroups or forums, or any other electronic or paper-based
service or method;
By uploading, posting or otherwise transmitting through or to
our website any content, you grant to us, our successors and assigns,
a non-exclusive, world-wide, royalty free, perpetual, non-revocable
license to use or distribute such content in any manner otherwise
than as stated in our Privacy Policy.
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Indemnification
by User
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You agree to indemnify, defend and hold us and our affiliates,
business partners, officers, directors, employees and agents harmless
from any loss, liability, claim, demand, damage, or expense (including
reasonable legal fees) asserted by any third party relating in
any way to your use of this website or breach of these Terms of
Use. We reserve the right to assume the exclusive defence and control
of any matter subject to indemnification by you, which shall not
excuse your indemnity obligations.
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Third Party Websites,
Content and Products and Services
Links or pointers to other websites and references to products
and services offered by third parties are provided to you for convenience
only and do not constitute an endorsement or approval by us of
(i) the organizations that operate such websites; (ii) the content,
privacy policies or other terms of use on such websites; or (iii)
such third party products and services. As we have no control or
responsibility over websites or content maintained by other organizations,
or for products and services offered by third parties, we do not
assume any liability for your use of any of the foregoing, which
use you acknowledge and agree shall be at your own risk.
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Proprietary Rights
The ST logo and all other graphics contained in this website,
except those displayed on products which are for sale, and which
do not carry the ST logo, are all trademarks or tradenames and
exclusive property of ST, and any unauthorized copy or use of these
marks at any time is unlawful. All content on this website, including
without limitation all programs, interface layout, interface text,
documentation and graphics, is the copyrighted property of ST and
is protected by United States and international copyright law.
The content on this website may be used by you only for your personal,
non-commercial use as provided for in these Terms of Use, but may
not be taken out of context or presented in a misleading or discriminatory
manner. Any rights not expressly granted to you are reserved by
us.
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Notice of
Copyright Infringement
It is our policy to comply with all intellectual property laws
and to act expeditiously upon receiving any notice of claimed
infringement. If you believe that your work has been reproduced
on this website in a manner that constitutes copyright infringement,
please provide a notice of copyright infringement containing
all of the following information:
- A physical or electronic
signature of a person authorized to act on behalf of the
copyright owner for the purposes of the complaint.
- Identification
of the copyrighted work claimed to have been infringed.
- Identification
of the material on our website that is claimed to be infringing
or to be the subject of infringing activity.
- The address,
telephone number or e-mail address of the complaining party.
- A
statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law.
- A
statement, under penalty of perjury, that the information
in the notice of copyright infringement is accurate, and that
the complaining party is authorized to act on behalf of the
owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Swing Train
Attention: Intellectual Property Manager
E-mail: info@swing-train.com
IMPORTANT: All correspondence must be in English.
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General
If any provision of these Terms of Use is held invalid or unenforceable
in any respect by any court having competent jurisdiction, such
provision shall be enforced to the maximum extent permitted by
law, and the remaining provisions of these Terms of Use shall survive
in full force and effect. No waiver of any provision of these Terms
of Use shall be deemed a further or continuing waiver of such provision
or any other provision of these Terms of Use.
You agree that these Terms of Sale, our Privacy Policy and other
notices posted on this website have been drawn up in English.
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Minnesota and the laws of the United
States applicable therein, without regard to conflict of laws provisions
thereto. The parties agree and consent to personal jurisdiction
of the courts of, and venue in, Minneapolis, Minnesota.
You agree that in the event judgment is rendered against you
that you will promptly and in full pay all attorney's fees, court
costs, and any other fees.
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Contact
If you have any questions or concerns about our website or these
Terms of Use, please feel free to contact us at info@swing-train.com.
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