Southwest Media Group Terms of Service

Effective Date: September 21, 2018

Welcome to Southwest Media Group!

The Terms of Service, plus our Privacy Policy, make up the agreement between us (Southwest Media Group, LLC, or “Southwest Media Group”) and you, the user checking out our website. It applies to your use of Southwest Media Group’s website (www.swmediagroup.com), including any use of the services offered on our website. The services offered on our website include, for example, our support team, who you may contact by submitting your information into the forms on our website. If you are using our website on behalf of a company, the Terms of Service apply to you, your company, and your company’s employees, representatives, successors, and assigns.

1. By using our website, you accept the Terms of Service. We will change them occasionally, so make sure you stay up to date.

Make sure you read everything in the Terms of Service before you use our website. You are legally bound by the Terms of Service each time you use our website, even if the Terms of Service have been updated since you last read them.

We may update the Terms of Service at any time. When we make significant changes to the Terms of Service, we’ll update the date at the top of this page.  Your continued use of our website following the posting of an updated Terms of Service means that you accept and agree to the changes, so please check this page occasionally to make sure that you are up to date. A version of the Terms of Service becomes effective when it is first posted on our website.

2. By using our website, you are warranting certain information about yourself and how you will act.

By using our website, you represent and warrant that:

• You are 13 years of age or older;
• You understand and agree that the Terms of Service are a legally binding agreement;
• You will abide by the Terms of Service;
• If you are a representative of a company, that you are authorized to bind the company to the Terms of Service;
• You will provide only accurate, complete and current information to us; and
• You are not residing in the European Economic Area (EEA).

3. Minors under 13 are not allowed to use this website.

Our website is not intended for use by minors. If you are under 13 years of age, you are not authorized to use our website or provide us any information about yourself.

4. You do not own our website. Our website is our valuable intellectual property.

Our website, all the content, code, data, works of authorship and materials on our website, the look and feel, design and organization of our website, and the compilation of the material on our website (collectively referred to as “our content”) are protected by U.S. and international trade secret, copyright, trademark, and other laws. Southwest Media Group and its licensors own, solely and exclusively, all rights, title and interest in and to our website and our content, including, for example, all intellectual property and proprietary rights. Your use of our website or our content does not grant to you any ownership in any of it.

Southwest Media Group owns (or licenses the right to use) all trademarks, logos, service marks and trade names (collectively referred to as “our trademarks”) displayed on our website. To use any of our trademarks, you must have our written permission (or the written permission of the actual owner of the trademark, if they license it to us).

Southwest Media Group will let you access, display and use our website as long as you continue to comply with the Terms of Service. This right is granted solely to allow you to use our website as permitted by the Terms of Service. You agree not to remove, alter or obscure any proprietary notices provided in or with our website’s content.

5. The Terms of Service grant Southwest Media Group significant rights.

In addition to the other rights granted under the Terms of Service or by applicable law, Southwest Media Group has the following rights: (a) to prohibit access to our website for any reason or no reason, in our sole discretion, (b) to change or alter our website, the form and nature of our website, or any services provided through our website, and (c) to cooperate, in accordance with applicable law, with any authority requesting or directing that we disclose content or information that you provide.

You agree that Southwest Media Group may, but is not obligated to, exercise any of these rights.

6. Don’t do things that will violate law or the Terms of Service.

You may use our website only for lawful purposes, and you are solely responsible for ensuring that you do so. Southwest Media Group does not review or take responsibility for any information that you, or other users, may create or transmit via our website.

Do not use our website for any activities in violation of applicable law. For example, you may not use our website to violate anyone’s privacy rights, so do not submit any personal information to us unless you have permission to disclose it to us.

Do not breach or make any attempts to breach our security. For example, do not use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of our website.

Do not publish, use, or otherwise exploit any part of our content. Don’t frame or use framing techniques to enclose our website or any part thereof.

7. Your personal information will be handled according to our Privacy Policy.

Southwest Media Group agrees to handle your personal information according to the terms of our Privacy Policy, which is incorporated into the Terms of Service by reference. You agree to our use of your personal information in accordance with our Privacy Policy, which may be updated from time to time.

8. If you are residing in the European Economic Area (EEA), our website is not intended for your use.

We do not knowingly collect information from any residents protected by the European Union (EU) privacy and data security laws and are not certified to transfer or protect information of European residents according to EU laws and regulations.  Therefore, if you are European, please do not use our website.

9. If you come to our website from another website, or if you click any links on our website to another website, you do so at your own risk.

You may be able to link from our website to third party website and third party website may link to our website (in both cases, referred to as a “linked site”). Your use of linked sites is completely at your own risk. You acknowledge and agree that Southwest Media Group has no responsibility or liability for what you see on or obtain through a linked site. We do not know if the content of any linked site is accurate or compliant with applicable law.

10. The Terms of Service apply indefinitely.

All provisions of the Terms of Service apply if you stop using our website. This means our rights under the Terms of Service will survive, including, for example, our rights regarding any information you’ve already submitted to our website. Also, everything that you have represented to us in the Terms of Service will survive indefinitely.

11. If you do something wrong and it causes us problems, you will have to pay us (that is, indemnify us) for our trouble.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Southwest Media Group, LLC, its affiliates, officers, members, owners, directors, managers, employees, agents, and representatives (collectively referred to as “related parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (a) your use of our website, (b) your submission, transfer (whether intentional or unintentional), storage, removal, or any other use of any personal information pertaining to yourself or another, (c) your violation of the Terms of Service, (d) your violation of any law or regulation, or (e) your violation of any intellectual property right. This indemnification obligation will survive the Terms of Service and your use of our website. Southwest Media Group reserves the right 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 Media Group’s defense of such claim.

12. WE DISCLAIM ANY WARRANTIES. YOUR USE OF OUR WEBSITE AND OUR CONTENT IS AT YOUR OWN RISK.

You agree to assume all responsibility and risk for your use of our website (which, as a reminder, includes your use of any of the services offered on our website) and our content. To the fullest extent permissible under applicable law, neither Southwest Media Group nor its related parties make any express or implied warranties or representations whatsoever with respect to our website or our content, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

Neither Southwest Media Group nor any related parties endorse or make any representation or warranty with respect to the accuracy, reliability, timeliness, or completeness of our website or our content or that our website or our content is non-defamatory, non-infringing or otherwise lawful. Neither Southwest Media Group nor any related parties warrant that the functions performed by our website or our content will be uninterrupted, timely, secure or error-free, or that defects in our website or our content will be corrected. Neither Southwest Media Group nor any related parties guarantee or warrant that any files available for downloading will be free from infection by software viruses or other harmful computer code, files, or programs. Our website and our content are provided on an “as is,” “where is, “ “where available” and “as available” basis. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF OUR WEBSITE AND OUR CONTENT IS AT YOUR SOLE RISK.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

13. OUR LIABILITY TO YOU IS LIMITED. THAT MEANS THAT IF YOU SUFFER LOSSES, WE DO NOT HAVE TO COMPENSATE YOU FOR THEM.

To the fullest extent provided by law, in no event will Southwest Media Group or any related party be liable to any person or entity for any indirect, special, punitive, incidental or consequential damages or damages resulting from lost profits, lost data or business interruption, even if foreseeable, arising out of or in connection with the use, inability to use, or the results of use of Southwest Media Group’s website, any website linked to Southwest Media Group’s website, or Southwest Media Group’s content, whether based on warranty, contract, tort or any other legal theory and whether or not Southwest Media Group or a related party is aware of or of advised the possibility of such damages.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

14. The Terms of Service are governed by Texas law.

The Terms of Service, the Privacy Policy, and the relationship between you and Southwest Media Group shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

15. If a court finds part of the Terms of Service invalid, it won’t invalidate the whole of the Terms of Service.

If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

16. Everything that you and Southwest Media Group have agreed on about our website is contained in our Terms of Service and Privacy Policy.

The Terms of Service together with our Privacy Policy constitutes the entire agreement between Southwest Media Group and you with respect to our website and our content.