SAWR Systems Consulting Web Site Agreement

The SAWRsystems.com Web Site (the "Site") is an online information service provided by SAWR Systems Consulting, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SAWRSYSTEMS.COM (SAWR SYSTEMS CONSULTING) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are SAWR Systems Consulting, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to SAWR Systems Consulting a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to SAWR Systems Consulting by all means and in any media now known or hereafter developed. You also grant to SAWR Systems Consulting the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SAWR Systems Consulting for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SAWR Systems Consulting.

TRADEMARKS

Relentless Pursuit of Systems ROI or any other names of SAWR Systems Consulting or its publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of SAWR Systems Consulting. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by SAWR Systems Consulting, SAWR Systems Consulting does not operate, control or endorse any information, products or services on the Internet in any way. Except for SAWR Systems Consulting - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with SAWR Systems Consulting a. You also understand that SAWR Systems Consulting cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SAWR SYSTEMS CONSULTING PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SAWR SYSTEMS CONSULTING SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SAWR SYSTEMS CONSULTING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SAWR SYSTEMS CONSULTING HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL SAWR SYSTEMS CONSULTING BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SAWR SYSTEMS CONSULTING OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SAWR SYSTEMS CONSULTING LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

SAWR Systems Consulting makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-SAWR Systems Consulting web site, please understand that it is independent from SAWR Systems Consulting, and that SAWR Systems Consulting has no control over the content on that web site. In addition, a link to a SAWR Systems Consulting web site does not mean that SAWR Systems Consulting endorses or accepts any responsibility for the content, or the use, of such web site.

Information Passively Collected: When you surf the web, certain information can be collected passively using various technologies and means, such as tracking IP addresses, using both session and persistent cookies, and assigning Internet tags. Like most website operators, eLoyalty reserves the right to implement any and all of these technologies. Note that you have the ability to accept or decline cookies through settings in your browser software. If you choose to decline cookies, however, then you may not be able to sign in or use other features of this Site that depend on cookies. Our system also automatically gathers information about the areas you visit on this Site and operational information about the technology you use, such as your browser, type of computer, operating systems, and Internet service providers. We collect this information to understand which areas of this Site are most popular, which areas may require updating or improvement, and what technologies our visitors are using. We also use this information for security purposes, such as to assist us in detecting and blocking security breaches. We do not identify individuals with any of these technologies.

3. Indemnification.

You agree to indemnify, defend and hold harmless SAWR Systems Consulting, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of SAWR Systems Consulting and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the state of Idaho, USA applicable to agreements made and to be performed in Idaho, USA. You agree that any legal action or proceeding between SAWR Systems Consulting and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Idaho, USA. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SAWR Systems Consulting 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SAWR Systems Consulting may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

7. Template Privacy Statement

Your privacy is important to SAWR Systems Consulting. This privacy statement provides information about the information that SAWR Systems Consulting collects, and the ways in which SAWR Systems Consulting uses that information.

Information collection

SAWR Systems Consulting may collect and use the following kinds of information:

  • information about your use of this website (including your expressed interest in specific products and/or services);
  •  information that you provide used for the purpose of registering with the website;
  • information about transactions carried out over this website (including any solicitation and/or purchase of products and/or service);
  • information that you provide for the purpose of subscribing to the website services;
  • and any other information that you send to SAWR Systems Consulting.

Using information

SAWR Systems Consulting may use your personal information to:

  • administer this website;
  • personalize the website for you;
  • enable your access to and use of the website services;
  • publish information about you on the website only with your express written consent;
  • send to you products that you purchase;
  • send to you products that you purchase;
  • collect payments from you; and
  • send you marketing communications.

Where SAWR Systems Consulting discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, SAWR Systems Consulting may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Cross-border data availability

Information that you submit for publication on the website will be published on the internet and may be available around the world.

Updating this statement

SAWR Systems Consulting may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites.

SAWR Systems Consulting is not responsible for the privacy policies or practices of any third party.

Contact SAWR Systems Consulting

If you have any questions about this privacy policy or SAWR Systems Consulting’s treatment of your information, please write to:

  • by email to ; or
  • by post to SAWR Systems Consulting, 2803 Heritage Avenue, Boise, ID 83709.