Terms of Use
Effective July 1, 2020
Sorensen, Wilder and Associates Welcomes You to Its User Download Site
To access and use SWA, LLC (Sorensen, Wilder and Associates, hereinafter “SWA”) Security Preparedness Toolkit and/or Security Policy Manual, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By purchasing the Content through SWA’s website or using any of SWA’s Services (including accessing any Content, as defined below), you are agreeing to these Terms. Please carefully read through these Terms.
DESCRIPTION OF SERVICE AND ACCEPTANCE OF BINDING LEGAL AGREEMENT
SWA, (“SWA,” “we,” or “us”) provides an editable Security Preparedness Toolkit and/or Security Policy Manual offering guidance to users seeking to minimize risks to their entities’ businesses (collectively, the “Content”). Our service, the Content, our site for viewing and downloading the Content and any other features, tools, applications, materials, or other services offered from time to time by SWA, in connection with its business, however accessed, are referred to collectively as “SWA’s Services.”
The Content is available for permissible viewing and downloading on or through the following (collectively, the “Properties”): the www.swa4safety.com website (the “SWA Site”); SWA’s affiliate and distributor websites; other websites where users or website operators are permitted to embed the Content; and SWA authorized applications, features, or devices.
Use of SWA’s Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use (“Terms of Use” or “Terms”) and any end user license agreement that might accompany SWA Security Preparedness Toolkit and/or Security Policy Manual, or other editable document.
SWA Services will require payment by you. The SWA Services that may be accessed after payment are referred to currently as the Content.
CHANGES TO THE TERMS OF USE BY SWA
SWA may amend these Terms of Use at any time by posting the amended Terms of Use on the SWA website. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the SWA website. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
ACCESS AND USE OF THE SWA SERVICES
Age Limitations. If you are under the age of 13, then you are not permitted to register with SWA or use any feature or other part of SWA Services that requires registration. In order to purchase SWA Content you must be at least 18 years of age.
You represent that you are at least 13 years of age if you creating an account and, if you are a purchasing Content, that you are at least 18 years of age.
Your License. SWA is pleased to grant you an exclusive limited license to use the SWA Services on the Properties, including accessing, viewing and downloading the Content from the website, for commercial purposes as set forth in these Terms.
The Content. You may only access, view and download the Content for a purpose in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including geo-filtering mechanisms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content unless expressly permitted by SWA in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content beyond the entity you identify with the downloaded Content unless authorized by SWA. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content. This prohibition applies even if you intend to give away the derivative materials free of charge.
This license for use of this Content is extended for use in one location only. A location is defined as a single Skilled Nursing Facility, Assisted Living Facility, or CCRC. The use of any Content downloaded is limited to that single location unless multiple licenses are purchased for use at different locations.
Ownership. You agree that SWA owns and retains all rights to the SWA Services. You further agree that the Content you access and view as part of the SWA Services is owned or controlled by SWA and SWA licensors. The SWA Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the SWA Services safe and available for everyone to use, we all have to follow the same rules. You and other users must use the SWA Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the SWA Services, Content and restrictions detailed above, and further agree that you will not access the SWA Site or use the SWA Services or Content in a way that
(1) violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
(2) uses technology or other means to access, index, frame, or link to the SWA Services (including the Content) that is not authorized by SWA (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, or distribution of, or access to, the SWA Services);
(3) violates these Terms or any guidelines or policies posted by SWA; or
(4) attempts to do any of the foregoing.
If SWA determines in its sole discretion that you are violating any of these Terms, we may (1) notify you and (2) use technical measures to block or restrict your access or use of the SWA Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the SWA Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
Downloads. In order to participate in certain SWA Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
SWA Billing
While it is our mission to provide users with as many choices as possible, sometimes this involves giving users the choice of paying a fee in order to download and view Content that SWA would not otherwise be able to make available without charging a fee. As part of that, access to the Content in SWA requires payment by you of a fee.
You agree that your SWA account is for one entity’s use at a single location only and your SWA account is limited to that single entity’s use at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
Because the SWA Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms of Use begins at 12:00 a.m. Central Standard Time and ends at 11:59 p.m. Central Standard Time of that same calendar day.
Billing
By signing up for your SWA account, you are expressly agreeing that we are authorized to charge you a fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of SWA account to the credit card or other payment method accepted by SWA (“Payment Method”) that you provided during registration.
As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method.
All fees and charges are nonrefundable.
ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with SWA. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate.
Please identify your account and provide a valid reply e-mail address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate or restrict your account or your use of the SWA Services or access to Content at any time, without notice or liability, if SWA determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the SWA Services or access to Content if such use places an undue burden on our networks or servers.
LINKED DESTINATIONS AND ADVERTISING
Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that SWA operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the SWA Services, we will not warn you that you have left the SWA Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the SWA Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.
SWA is not responsible for the content or practices of any website or destination other than the [Licensor] Site, even if it links to the SWA Site and even if the website or destination is operated by a company affiliated or otherwise connected with SWA. By using the SWA Services, you acknowledge and agree that SWA is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the SWA Site.
Advertisements. SWA takes no responsibility for advertisements or any third-party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the SWA Services are between you and the advertiser, and you agree that SWA is not liable for any loss or claim that you may have against an advertiser.
TRADEMARKS
SWA, the SWA logo, www.swa4safety.com, and other SWA marks, graphics, logos, scripts, and sounds are trademarks of SWA. None of the SWA trademarks may be copied, downloaded, or otherwise exploited.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SWA SERVICES, YOU AGREE THAT USE OF THE SWA SERVICES AND ANY CONTENT YOU DOWNLOAD IS AT YOUR OWN RISK. THE SWA SERVICES AND CONTENT, INCLUDING THE SWA SITE AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SWA DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SWA SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL SWA OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “SWA PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SWA SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SWA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SWA SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SWA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SWA SERVICES (INCLUDING YOUR USE OF THE CONTENT). SWA RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS.
At SWA, we expect that our world-class customer service team will be able to resolve most issues you may have using the SWA Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and SWA agree to the following resolution process.
Any claim that you might have against SWA regarding these Terms of Use, the SWA Services, or the Properties must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with SWA only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class action basis or brought by a purported class representative.
The arbitration hearings will be held in Kankakee County, Illinois.
The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. Regardless of how the arbitrator rules, each party is responsible for its own attorneys’ fees and costs.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with SWA for at least 30 days. To do that, please send your full name and contact information, your concern, and your proposed solution by mail to us at: 185 E. North St., Bradley, IL, 60915.
GENERAL INFORMATION
International Use. We are a company based in the United States. SWA’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where SWA does not have rights or does not offer services is prohibited. SWA Premium is not accessible through any devices from outside the United States.
Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of Illinois without giving effect to principles of conflict of laws. In the event of a claim by SWA against you, you agree to submit to the jurisdiction of the courts located where SWA pursues its claim against you, which may include courts in Kankakee County, Illinois.
No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at www.swa4safety.com (subject line: “TOU Violation”). Precisely how SWA responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely on SWA precise response with respect to one party or one situation as any indication of what [Licensor] might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, SWA’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if SWA acts in a way that appears to you to be inconsistent with these Terms of Use, SWA action shall not be deemed a waiver or constructive amendment of these Terms.
Integration, Amendment, and Severability. Please note that these Terms of Use, including and any end user license agreement that might accompany SWA Content, authorized applications, features, and devices, constitute the entire legal agreement between you and SWA and govern your use of the SWA Content and Services (including your use of the Content) (but excluding any services, if any, that SWA may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and SWA in relation to the SWA Services. Except as set forth above, these Terms may not be amended or varied except in a writing signed by SWA. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
