USE OF THIS SITE.
Club Swan, Inc grants you a personal, non-transferable, revocable, non-exclusive limited privilege to enter and use this Site solely for the purposes of learning about Club Swan and its services.
LIMITS ON USE OF SITE.
You are not allowed to download, store, modify, frame or make any commercial or other use of the Site or any portion of it.
You may not use any data mining, robots, spiders or other similar extraction tools to monitor or copy this Site. Any unauthorized use of the Site terminates your privilege to enter and use the Site.
Nothing contained on the Site should be construed as granting any license or right to use any trademarks, logos, graphics, images or content on the Site.
As with any website, information on this Site may contain technical inaccuracies or
typographical errors. Information, including service features, pricing and availability, may be changed or updated without notice, including, without limitation, to correct errors and inaccuracies.
Club Swan makes no warranties or representations regarding the accuracy of such information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.
USE OF SERVICES PROVIDED THROUGH THIS SITE.
For the terms applicable to your use of services through this Site, please see your User Agreement. The User Agreement governs your activities on this Site and with Club Swan.
LINKS TO OTHER WEBSITES.
This Site may contain hyperlinks to other websites (“Links”). Club Swan provides these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Club Swan of the site or of any products or services offered or information provided on the site or any association between Club Swan and the other sites’ operators. Club Swan does not have control over, and is in no manner responsible or liable for, the availability or content of the websites to which Club Swan, Inc’s website may be linked.
Club Swan makes no representations or warranties whatsoever about any other site you may access through Club Swan You may not link any Site to our Site without our prior written consent.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY LINKED SITE, AND THE INTERNET GENERALLY. Club Swan PROVIDES THIS SITE ON AN “AS IS, AS AVAILABLE” BASIS. Club Swan DOES NOT PROVIDE A WARRANTY ON ANY PRODUCTS OR SERVICES YOU OBTAIN THROUGH THIS SITE EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN CONTRACT BETWEEN YOU AND US.
Club Swan HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, OR ANY WARRANTIES REGARDING AVAILABILITY, INTEROPERABILITY, OR FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS REGARDING THIS SITE AND ANY SUCH PRODUCTS OR SERVICES.
CLUB SWAN WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY LINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLUB SWAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO CERTAIN PORTIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY.
TRADEMARKS AND COPYRIGHTS.
Club Swan is a trademark of Club Swan Other trademarks that may be used on this Site are the trademarks and registered trademarks of third parties. Your use of this Site does not grant you any right or licenses with respect to such trademarks.
Club Swan and its licensors (“Site Content Owners”) own all copyrights, patents, proprietary information, technologies, products, processes or other proprietary rights in or derived from all Site materials, including, but not limited to, code, graphics, images, illustrations, designs, icons, photographs, audio clips, video clips, digital downloads, data compilations, button icons, logos, computer software and text (collectively, the “Club Swan Website Content”).
All such Club Swan Website Content, including any compilations thereof, is the exclusive property of the Site Content Owners and is protected by United States and international copyright laws.
The Club Swan Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to this indemnification by you, in which event you agree to fully cooperate with the Club Swan Parties in asserting any available defenses. You agree to not enter into any settlement agreement with any third-party which would materially affect Club Swan’s interests in any way regarding the settlement of any disputes that arise from your use of this Site and any material found on this Site.
This Site and the Club Swan Website Content is provided solely for the purposes of promoting Club Swan’s services in the United States. Access to this Site from other locations is prohibited. You are responsible for your own compliance with local laws regarding your use of this Site. This Site is controlled by Club Swan
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Utah County, Utah, and waive any objection to such jurisdiction or venue.
Club Swan shall not be liable for any delay or failure of this Site, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from acts of God, acts of public enemies, riots, acts of governmental agencies, labor difficulties, failure of our suppliers to ship or produce goods, delays in securing or shortages of raw materials, breakdown or destruction of plant or equipment, or any other cause or causes beyond the control of Club Swan, whether or not similar to those enumerated herein.
Copyright (C) 2020. All rights reserved.
Club Swan, USA
Updated by the Club Swan Legal Team on December 21,2020.