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PLEASE READ THE FOLLOWING
AGREEMENT CAREFULLY
BEFORE USING THIS SITE
YOUR USE OF THIS SITE
CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEB SITE USE AGREEMENT
SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE OR
EMAIL SERVICES.
By accessing this site
(including extensions thereof) (the "Site") you are entering into this Web Site
Use Agreement ("Agreement") with Southwest Funding, L.P. ("Southwest Funding"),
and you agree to be bound by the terms of this Agreement. If you do not agree
to the terms of this Agreement, you must immediately stop use of this Site
and Email Services. If
you remain on this Site or use Southwest Funding email services, you agree to be bound by this Agreement.
Use of Content
You acknowledge that the Site contains information, software, photographs, audio
and video clips, graphics, links and other material that are protected by
copyright, trademark or other proprietary rights of Southwest Funding or third
parties, including but not limited to product names, logos, designs, titles, and
words or phrases which may be registered in certain jurisdictions (collectively,
the "Content"). You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or accessed
through the Site.
You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any
of the content, in whole or in part, without prior express written permission of
Southwest Funding.
Access/Failure to
Comply
Southwest Funding has the right to terminate, suspend or restrict your access to this
Site, unilaterally and without notice, in the event you violate any of the terms
of this Agreement. In addition, if asked to do so, you agree that you will not
attempt to access this Site.
Southwest Funding
also reserves any and all remedies at law or equity in connection with
violation of the terms of this Agreement
Email
The Southwest
Funding email service ("Service"), owned and operated by Southwest Funding, is
provided to you under the terms and conditions of this Agreement and any
operating rules or policies that may be published by Southwest Funding.
You acknowledge that
content, including but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in either sponsor advertisements or
email-distributed, commercially produced information presented to you by
Southwest Funding, is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws; therefore, you are only permitted
to use this Content as expressly authorized by Southwest Funding. You may
not copy, reproduce, distribute, or create derivative works from this Service
without expressly being authorized to do so by Southwest Funding.
You agree: (1) to comply
with US law regarding the transmission of technical data exported from the
United States through the Service; (2) not to use the Service for illegal
purposes; (3) not to interfere or disrupt networks connected to the Service; and
(4) to comply with all regulations, policies and procedures of networks
connected to the Service.
The Service makes use of
the Internet to send and receive certain messages; therefore, your conduct is
subject to Internet regulations, policies and procedures. You will not use the
Service for chain letters, junk mail, spamming or any use of distribution lists
to any person who has not given specific permission to be included in such a
process.
The Service may be
monitored for usage, such as: maintaining
the company's professional reputation and image; maintaining employee
productivity; preventing and discouraging sexual or other illegal workplace
harassment; preventing "cyberstalking" by employees; preventing possible
defamation liability; preventing employee disclosure of trade secrets and
other confidential information; and avoiding copyright and other
intellectual property infringement from employees illegally downloading
software, etc
You agree not to transmit
through the Service any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature. You further agree not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other computer systems are
prohibited.
You understand that
you will be subscribed automatically to applicable company email lists and
do not have the right to be excluded. This does not apply to third-party
lists.
Indemnity
You
agree to indemnify, defend and hold Southwest Funding
and its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "Southwest
Funding Parties") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys’ fees) incurred by any
Southwest Funding
Party in connection with any
use or alleged use of the service under your user name by any person, whether or
not authorized by you.
Southwest Funding
reserves the right, at your
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
Southwest Funding defense of such claim.
MISCELLANEOUS
This
Agreement shall be construed in accordance with the laws of the State of Texas,
and the parties irrevocably consent to bring any action to enforce this
Agreement in the federal or state courts located in
Dallas
County
in the State of Texas. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof, and supersedes all
previous written or oral agreements between the parties with respect to such
subject matter. All provisions hereof shall survive any termination of this
Agreement as well as any other revisions which by their terms or sense are
intended to survive.
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