SES may also make improvements or changes to the Website, including any services or Content available on the Website, at any time without notice.
“SES” shall mean Southwest Energy Solutions, Inc. “Content” shall mean all materials, information, data, images, tools and applications contained on the Website, including but not limited to trademarks, service marks, names, logos, copyrightable materials, text, graphics, files, photographs, audio, video and software. “Website” shall mean www.swenergysolutions.com and any of its pages. “Third Party Websites” shall mean websites owned and/or operated by parties other than SES.
2. USE OF INFORMATION AND MATERIALS
The Content which appears in the Website is subject to change without notice and may not be current or accurate. SES is not responsible for any inaccuracies in the Content, is under no obligation to update it and, as further described below under the headings NO WARRANTY and LIMITATION OF LIABILITY, SES is providing all Content "AS IS." Accordingly, you bear all risk associated with your use of or reliance on such Content.
3. PRODUCTS AND SERVICES
SES operates the Website in Arizona. Not all of the services described in the Website are available in all jurisdictions and to all prospective users. Your eligibility for particular services or for access to certain Content may be subject to final approval and acceptance by SES.
4. INTELLECTUAL PROPERTY INFORMATION
Unless otherwise indicated in the Website, SES is the exclusive owner of, or holds a license to, all intellectual property rights, including copyright, in all of the pages and screens displaying the pages of the Website, the Content contained on the Website and the arrangement of the Content, all of which is protected under U.S. and foreign copyright, trademark and other intellectual property laws. No use of SES intellectual property is permitted except as is expressly authorized by SES in the Website or under separate written agreement with SES. No right, title or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved to SES. The name SOUTHWEST ENERGY SOLUTIONS, INC. and the SES Logo are owned by SES. You may not use or display any marks of SES or any company referenced in the Website without the express prior written permission of SES or the owner of such marks, names or logos.
5. UNAUTHORIZED ACCESS AND USE OF THE WEBSITE
Any unauthorized access and use of the Website and Content is prohibited, including any activity that alters, interferes with or disrupts the Content or the functioning of the Website or uses the Website to gain unauthorized access to protected information or other computer systems or networks. Any breach of security, hacking activity, graffiti placement, transmission of any virus or worms or other misuse of the Website or Content is prohibited and will be prosecuted to the full extent of the law.
6. THIRD PARTY WEBSITES
Our Website may contain links to Third Party Websites provided for your convenience only. We have no control over the content of Third Party Websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third Party Websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Websites.
7. NO WARRANTY
USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT AND WEBSITE OPERATION ARE PROVIDED "AS IS" AND "AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. SES DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, QUALITY, AVAILABILITY, OR SECURITY OF THE WEBSITE OR COMPLETENESS OF THE CONTENT AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. SES DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, IN EXISTENCE NOW OR IN THE FUTURE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM ERRORS OR INTERRUPTION, COMPUTER VIRUSES OR OTHER INFIRMITY, IS GIVEN BY SES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE, INCLUDING THE DOWNLOADING OF CONTENT FROM THE WEBSITE, THE CONTENT OR USE THEREOF OR INABILITY TO USE SAME BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, OR LINE OR SYSTEM FAILURE, EVEN IF SES OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL SES'S TOTAL LIABILITY FOR ALL CAUSES OF ACTION, LOSSES AND DAMAGES ARISING OUT OF THE USE OF THE WEBSITE AND UNDER ANY THEORY OF LIABILITY (WHETHER IN TORT, INCLUDING NEGLIGENCE, CONTRACT OR OTHERWISE) EXCEED $50, REGARDLESS OF WHETHER SES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. OTHER TERMS AND CONDITIONS
You can also call us at 520-884-3630.
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