Swype-Now Terms of Use

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.SWYPENOW.COM. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

SwypeNow.com (Swype now) reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. SwypeNow.com may, at any time, in its discretion terminate your access to this website. Your access to the website may be monitored by SwypeNow.com. If you are accessing this website as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" shall be construed to apply to you individually and the organization you represent.

While SwypeNow.com maintains copyright protection in all materials, information and publications (collectively, "website information") it places on this website, SwypeNow.com consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the website information will retain all copyright and other proprietary notices and that you will not modify the website information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any website information, in whole or in part, without the prior written consent of SwypeNow.

As a condition of your use of this website, you will not use the website or the website information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this website in any manner that could damage, disable, overload or impair the operation of this website or use by third parties.

Certain restricted product information is available on this website only to licensed customers of SwypeNow that are registered to receive and/or access information via passwords issued by SwypeNow. This restricted information is considered confidential and proprietary information of SwypeNow. If you are a registered customer or a representative of a registered customer, SwypeNow authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by SwypeNow. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of its license or service agreement with SwypeNow. You shall not transfer your password to unauthorized parties. You will immediately notify SwypeNow of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any website information or area within this website.

Certain information available on this website is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that SwypeNow has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party's website an endorsement of such other party, their products or their services.

You may link to the SwypeNow home page, but are not authorized to link to any other page on the SwypeNow website without the prior express written consent of SwypeNow, provided that SwypeNow reserves the right to withdraw this consent at any time in its discretion. You may not use any of SwypeNow's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by SwypeNow; 2) cause confusion, mistake, or deception; 3) dilute SwypeNow's trademarks, service marks or trade names; or 4) otherwise violate applicable law.


SwypeNow makes no representations or promises to develop, provide or market any software, service or product discussed on this website, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

Website information may refer to products, programs or services that are not available in your country. Consult your SwypeNow representative for information about the products, programs and services that may be available to you.

Any software that is available for download from this website is the copyrighted property of SwypeNow and/or its suppliers and affiliates. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this website, if any, is governed by the terms of the agreement applicable to that product or service.

Neither SwypeNow nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of SwypeNow. SwypeNow shall have no responsibility to provide access to this website while the interruption of this website due to any such cause shall continue. SwypeNow may discontinue providing access to this website at any time.

Limitation of Liability 
THIS WEBSITE AND ALL WEBSITE INFORMATION IS PROVIDED "AS IS" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL ANY MEMBER OF SwypeNow BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.SWYPENOW.COM. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF SwypeNow SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify and hold SwypeNow harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this website or any website information.

Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this website or any website information provided on or pursuant to this website except in full compliance with all United States, foreign and other applicable laws and regulations.

Restricted Rights Legend
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED — RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any website information (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this website is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 855-814-3559 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is SwypeNow.

Severability
If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use.

See SwypeNow’s Privacy Policy relating to the collection and use of information through this website.