Updated June 12, 2023. The information contained here is subject to change without notice.
Overview
These Terms of Service (the "Terms of Service”) apply to the SW Holdings Ltd web site located at https://www.shorewestcapital.com, and all associated sites linked to https://www.shorewestcapital.com by SW Holdings Ltd, its subsidiaries and affiliates, including SW Holdings Ltd sites around the world (collectively, the "Site"). The Site is the property of SW Holdings Ltd. ("SW Holdings Ltd") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE, IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, publicly displayed, posted, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SW Holdings Ltd express prior written consent.
SW Holdings Ltd reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, SW Holdings Ltd grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Use of Website
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SW Holdings Ltd reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SW Holdings Ltd server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of SW Holdings Ltd, including any SW Holdings Ltd account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SW Holdings Ltd systems or networks, or any systems or networks connected to the Site or to SW Holdings Ltd.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SW Holdings Ltd on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of SW Holdings Ltd or others.
Website Content
All text, graphics, visual interfaces, user interfaces, photographs, logos, trademarks, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the structure, design, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SW Holdings Ltd, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SW Holdings Ltd express prior written consent.
You may use information on SW Holdings Ltd products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by SW Holdings Ltd for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Accounts & Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an SW Holdings Ltd account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SW Holdings Ltd immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SW Holdings Ltd or any other user of or visitor to the Site due to someone else using your SW Holdings Ltd account, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s SW Holdings Ltd account, password or account at any time without the express permission and consent of the holder of that SW Holdings Ltd account, password or account. SW Holdings Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SW Holdings Ltd control, and SW Holdings Ltd is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Other Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
SW Holdings Ltd obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
SW Holdings Ltd may make changes to any products or services offered on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and SW Holdings Ltd makes no commitment to update the materials on the Site with respect to such products and services.
Limitation of Liability
Except where prohibited by law, in no event will SW Holdings Ltd be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SW Holdings Ltd has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Service, SW Holdings Ltd is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SW Holdings Ltd liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SW Holdings Ltd, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Violation
SW Holdings Ltd may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SW Holdings Ltd rights or property, or the rights or property of visitors to or users of the Site, including SW Holdings Ltd customers. SW Holdings Ltd reserves the right at all times to disclose any information that SW Holdings Ltd deems necessary to comply with any applicable law, regulation, legal process or governmental request. SW Holdings Ltd also may disclose your information when SW Holdings Ltd determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that SW Holdings Ltd may preserve any transmittal or communication by you with SW Holdings Ltd through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or SW Holdings Ltd determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property and/or personal safety of SW Holdings Ltd, its employees, users of or visitors to the Site, and the public.
You agree that SW Holdings Ltd may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to SW Holdings Ltd, for which monetary damages would be inadequate, and you consent to SW Holdings Ltd obtaining any injunctive or equitable relief that SW Holdings Ltd deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SW Holdings Ltd may have at law or in equity.
You agree that SW Holdings Ltd may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If SW Holdings Ltd does take any legal action against you as a result of your violation of these Terms of Service, SW Holdings Ltd will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SW Holdings Ltd. You agree that SW Holdings Ltd will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and SW Holdings Ltd with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SW Holdings Ltd with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SW Holdings Ltd, SW Holdings Ltd will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. SW Holdings Ltd failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by SW Holdings Ltd of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between SW Holdings Ltd and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
SW Holdings Ltd provides access to SW Holdings Ltd international data and, therefore, may contain references or cross references to SW Holdings Ltd products, programs and services that are not announced in your country. Such reference does not imply that SW Holdings Ltd in your country intends to announce such products, programs or services.
Feedback
Any feedback you provide at this site shall be deemed to be non-confidential. SW Holdings Ltd shall be free to use such information on an unrestricted basis.