1. Acceptance of Terms
By accessing and using the SWOT.com website, you agree to be bound by the following terms of service (“TOU”). These TOU may be updated at any time without notice to you. You can review the most current version of the TOU by accessing the “Terms and Conditions” link on the website. When using certain services on the website, you may also be subject to any guidelines or rules specific to those services, which will be incorporated into the TOU. SWOT.com may offer other services from time to time that are governed by separate terms of use. These TOU do not apply to those other services.
2. Description of Service
As a user of the SWOT.com website, you understand and agree that the service may include advertisements, which are necessary for SWOT.com to provide the service. Unless stated otherwise, any new features that improve or enhance the current service will be subject to the TOU. You also understand and agree that the service is provided “AS-IS” and that SWOT.com is not responsible for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
3. Registration Obligations
In exchange for using the SWOT.com website’s service, you agree to:
- Provide accurate and current information when prompted by the registration form (this information will be referred to as “Registration Data”).
- Keep your Registration Data up-to-date and accurate.
If you provide inaccurate or incomplete information, or if SWOT.com has reasonable grounds to believe that the information you provided is inaccurate or incomplete, SWOT.com has the right to suspend or terminate your account and prohibit your current and future use of the service (or any part of it).
4. Member Account, Password & Security
As a user of the SWOT.com website, it is your responsibility to keep your password and account confidential and to be fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify SWOT.com if you become aware of any unauthorized use of your password or account, or any other breach of security.
- Make sure to log out of your account at the end of each session.
SWOT.com will not be liable for any loss or damage resulting from your failure to comply with these requirements.
5. Member Conduct
As a user of the SWOT.com website, you are solely responsible for all content that you upload, post, email, transmit, or otherwise make available through the service (“Content”). This means that you, and not SWOT.com, are responsible for the accuracy, integrity, and quality of the Content. SWOT.com does not control the Content posted through the service, and therefore does not guarantee its accuracy, integrity, or quality. You may be exposed to Content that is offensive, indecent, or objectionable when using the service. SWOT.com will not be liable in any way for any Content, including, but not limited to, any errors or omissions in the Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the service.
You agree not to use the service to:
- Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, a SWOT.com official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or manipulate identifiers in order to disguise the origin of any Content transmitted through the service.
- Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose.
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service.
- Intentionally or unintentionally violate any applicable local, state, provincial, national, or international law, including, but not limited to, regulations promulgated by any National, State, Provincial, or other Securities Commission or authority, any rules of any national or other securities exchange, and any regulations having the force of law.
- Stalk or harass another.
- Collect or store personal data about other users.
As a user of the SWOT.com website, you acknowledge that SWOT.com does not pre-screen Content, but has the right (but not the obligation) to refuse or move any Content that is available through the service in its sole discretion. SWOT.com also has the right to remove any Content that violates the TOU or is otherwise objectionable. You understand that you are solely responsible for evaluating the risks associated with using any Content, including relying on its accuracy, completeness, or usefulness. This includes Content created by SWOT.com or submitted to SWOT.com, such as information in the SWOT.com message boards and other parts of the service.
You acknowledge and agree that SWOT.com may preserve and disclose Content if required to do so by law or if it believes in good faith that such preservation or disclosure is reasonably necessary to:
- Comply with legal process.
- Enforce the TOU.
- Respond to claims that any Content violates the rights of third parties.
- Protect the rights, property, or personal safety of SWOT.com, its users, and the public.
You also understand that the technical processing and transmission of the service, including your Content, may involve:
- Transmissions over various networks.
- Changes to conform and adapt to technical requirements of connecting networks or devices.
6. Special Admonitions for International Use
As a user of the SWOT.com website, you recognize that the Internet is a global platform and agree to follow all local rules regarding online conduct and acceptable Content. This includes complying with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7. Content Submitted
SWOT.com does not claim ownership of the Content that users submit or make available for inclusion on the service. However, for Content that users submit or make available for inclusion on publicly accessible areas of the service, such as the SWOT.com message boards and groups, users grant SWOT.com a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Content on the service solely for the purpose of providing and promoting the specific SWOT.com message board or group to which the Content was submitted. This license is in effect only as long as the user elects to continue to include the Content on the service and will terminate when the user removes the Content or SWOT.com removes it.
For photos, graphics, audio, or video that users submit or make available for inclusion on publicly accessible areas of the service other than the SWOT.com message boards or groups, users grant SWOT.com a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Content on the service solely for the purpose for which it was submitted or made available. This license is in effect only as long as the user elects to continue to include the Content on the service and will terminate when the user removes the Content or SWOT.com removes it.
For Content other than photos, graphics, audio, or video that users submit or make available for inclusion on publicly accessible areas of the service other than the SWOT.com message boards or groups, users grant SWOT.com a perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display the Content (in whole or in part) and to incorporate the Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the service are those areas of the SWOT.com network that are intended to be available to the general public. Examples of publicly accessible areas include the SWOT.com message boards and portions of the SWOT.com groups that are open to both members and visitors. However, publicly accessible areas do not include portions of the SWOT.com message boards and groups that are limited to members, private communication services, or areas outside of the SWOT.com network, such as portions of websites that are accessible through the SWOT.com but are not hosted or served by the SWOT.com.
8. Indemnity
As a user of the SWOT.com website, you agree to indemnify and hold SWOT.com and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content you submit, post, transmit, or make available through the service, your use of and connection to the service, your violation of the TOU, or your violation of any rights of another.
9. No Resale of Service
As a user of the SWOT.com website, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service, including any intellectual property rights of SWOT.com or any person, firm, or corporation that has posted information for availability through the service.
10. General Practices Regarding Use & Storage
As a user of the SWOT.com website, you acknowledge that SWOT.com may establish general practices and limits concerning the use of the service, including the maximum number of days that email messages, message board postings, or other uploaded content will be retained by the service, the maximum number of email messages that may be sent from or received by an account on the service, the maximum size of any email message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on SWOT.com’s servers on behalf of you, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that SWOT.com has no responsibility or liability for the deletion or failure to store any messages, communications, or other content maintained or transmitted by the service. You acknowledge that SWOT.com reserves the right to log off accounts that are inactive for an extended period of time and to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Modifications to Service
The user of the SWOT.com website agrees that SWOT.com may, at any time and from time to time, modify or discontinue the Service (or any part thereof) temporarily or permanently, with or without notice. The user of the SWOT.com website understands that SWOT.com will not be held responsible for any modification, suspension, or discontinuation of the Service.
12. Termination
The user of the SWOT.com website understands that SWOT.com has the right to terminate their account or access to the Service for any reason, including but not limited to a violation of the TOU or the SWOT.com Acceptable Use Policy. The user also agrees that SWOT.com can discontinue the Service at any time without notice. If the user’s account is terminated or their access to the Service is discontinued, the user understands that their account and related information and files may be deactivated or deleted, and they may be prevented from accessing these files or the Service. The user agrees that SWOT.com will not be held responsible for any consequences of the termination or discontinuation of their access to the Service.
13. Advertisers
The user of the SWOT.com website is solely responsible for any interactions or transactions with advertisers or businesses found on or through the Service. SWOT.com will not be held responsible or liable for any loss or damage resulting from these interactions or transactions, or from the presence of these businesses on the Service. The user of the SWOT.com website agrees that any terms, conditions, warranties, or representations associated with these interactions or transactions are between the user and the business or advertiser, and not SWOT.com.
14. Links
The user of the SWOT.com website agrees that SWOT.com is not responsible for the availability of other websites or resources linked to or from the Service. The user also agrees that SWOT.com does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources. The user acknowledges that SWOT.com shall not be held liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through these external sites or resources.
15. SWOT.com's Proprietary Rights
The SWOT.com website user understands that the Service and the software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by intellectual property laws and other applicable laws. The user also acknowledges that the content contained in advertiser information or advertisements presented through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Unless specifically authorized by SWOT.com or advertisers, the user of the SWOT.com website agrees not to modify, rent, lease, lend, sell, distribute, or create derivative works based on the Service or Software, either in whole or in part.
SWOT.com grants the user of the SWOT.com website a personal, non-transferable, and non-exclusive right and license to use the Service. However, the user of the SWOT.com website must not (and must not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or transfer any right in the SWOT.com website, the Software, or the Content. The user of the SWOT.com website also agrees not to modify the Software in any way or form, or to use modified versions of the SWOT.com website, the Software, or the Content, including (but not limited to) for the purpose of gaining unauthorized access to the Service. The user of the SWOT.com website agrees not to access the Service through any means other than the interface provided by SWOT.com for accessing the Service.
16. Disclaimer of Warranties
The user of the SWOT.com website acknowledges and agrees that:
(a) The use of the Service is at their own risk. The Service is provided “as is” and “as available”. SWOT.com specifically disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, suitability for a particular purpose, and non-infringement.
(b) SWOT.com does not guarantee that:
(i) the Service will meet the user’s requirements;
(ii) the Service will be uninterrupted, timely, secure, or error-free;
(iii) the results obtained from the use of the Service will be accurate or reliable;
(iv) the quality of any products, services, information, or other materials purchased or obtained by the user through the Service will meet their expectations; or
(v) any errors in the Software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Service is done at the user’s own discretion and risk, and they will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by the user from SWOT.com or through or from the Service, shall create any warranty not expressly stated in the TOU.
(e) The user waives any claims they currently have, or may have in the future, that gives them any cause of action whatsoever.
(f) The user of the SWOT.com website agrees that SWOT.com, its Contributors, affiliates, and representatives shall not be held liable for any special, incidental, consequential, direct, or indirect damages resulting from any occurrence, including but not limited to loss of profits, loss of business opportunity, or loss of property. This includes damages that may result from any contractual, tortious acts or omissions, whether or not foreseeable, and whether or not the user of the SWOT.com website had any knowledge, actual or constructive, that such damages might be incurred as a result of relying on the material, information, data, or content provided on the SWOT.com website for personal, medical, legal, tax, accounting, investment, or financial decisions.
(g) The user of the SWOT.com website assumes all responsibility for any agreement, understanding, or relationship that they enter into with any of the Contributors. The user also understands that SWOT.com does not endorse the Contributors or their pitches in any way and will not be held responsible for any claims arising from the user’s interactions with the Contributors or any agreements, understandings, associations, investments, or relationships formed with them.
(h) The user of the SWOT.com website acknowledges that the purpose of the website is solely for educational and networking purposes and that it is not intended to provide professional legal, tax, financial, accounting, medical, or any other type of advice. The user also understands that SWOT.com is not offering these services and is not representing itself as capable of providing them.
(i) The user of the SWOT.com declares that they meet the criteria for being a sophisticated, accredited, or professional investor as defined by relevant laws and regulations related to the distribution and/or sale of securities.
(j) The user of the SWOT.com website is responsible for seeking independent legal, tax, financial, accounting, medical or other professional advice before entering into any agreement, understanding, or relationship with any of the Contributors. The user of the SWOT.com website is also advised to carefully review and consider any material or information received with the help of independent professional advisors. The SWOT.com website is intended for educational and networking purposes only and does not provide legal, tax, financial, accounting, medical or other professional advice or opinions.
17. Limitation of Liability
The user of the SWOT.com website agrees that SWOT.com will not be responsible for any damages resulting from their use of the Service, including but not limited to damages resulting from their inability to use the Service, their purchase or use of goods or services obtained through the Service, unauthorized access to their transmissions or data, their interaction with third parties on the Service, or any agreements, understandings, or relationships they enter into with Contributors or other individuals or entities they are introduced to through the SWOT.com website. SWOT.com will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. The user of the SWOT.com website acknowledges that this limitation of liability applies even if SWOT.com has been advised of the possibility of such damages.
18. Exclusions & Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. This means that some of the limitations listed in sections 15 and 16 may not apply to the user of the SWOT.com website.
19. Special Admonition for Services Relating to Financial Matters
The user of the SWOT.com website should read the provisions in Sections 15 and 16 again if they plan on accessing or requesting any information from the Service regarding companies, start-ups, or investment opportunities. These provisions apply strictly to the user of the SWOT.com website. It is especially important for the user to remember the phrase “LET THE INVESTOR BEWARE” when it comes to this type of information. The Service is intended for informational purposes only and none of the Content provided on the Service is meant for trading or investing purposes. SWOT.com and its service providers and suppliers will not be held responsible or liable for the accuracy, usefulness, or availability of any information provided through the Service or for any investment or trading decisions made based on such information.
20. Notice
The user of the SWOT.com website may receive notifications through email, SMS, WhatsApp, or traditional mail. The Service may also provide notice of changes to the TOU or other matters by posting notices or links to notices on the Service for the general user of the SWOT.com website to view.
21. Trademark
The SWOT.com trademarks, including the SWOT.com logo, the SWOT.com design, and the SWOT.com stylized trademarks and service marks, and other SWOT.com logos and product and service names, are the property of SWOT.com. Without the express permission of SWOT.com, the user of the SWOT.com website agrees not to use or display any of these trademarks in any manner.
22. General Information
The TOU is the complete agreement between the user of the SWOT.com website and SWOT.com and governs the user’s use of the Service, replacing any prior agreements between the user and SWOT.com. The user may also be subject to additional terms and conditions when using affiliate services, third-party content, or third-party software. The TOU and the relationship between the user and SWOT.com will be governed by the laws of India and the user and SWOT.com agree to submit to the exclusive jurisdiction of courts in India. SWOT.com’s failure to exercise or enforce any right or provision of the TOU, the SWOT.com subscription documentation Terms and Conditions, or the SWOT.com Acceptable Use Policy does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the TOU, the SWOT.com subscription documentation Terms and Conditions, or the SWOT.com Acceptable Use Policy to be invalid, the parties still agree that the court should attempt to give effect to their intentions as reflected in the provision, and the other provisions of the TOU, the SWOT.com subscription documentation Terms and Conditions, and the SWOT.com Acceptable Use Policy remain in full force and effect. The user agrees that, regardless of any law to the contrary, any claim or cause of action arising from or related to the use of the Service or the TOU, the SWOT.com subscription documentation Terms and Conditions, and the SWOT.com Acceptable Use Policy must be filed within one year of such claim or cause of action arising or it will be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
23. Acceptable Use
This Acceptable Use Policy (“AUP”) applies to any organization, individual, company, or other entity that has entered into an agreement or contract with SWOT.com for the supply of services, including through the SWOT.com website (the “Customer”). The Customer is responsible for the use of the SWOT.com website by any subsidiaries, affiliates, partners, Authorized Staff, suppliers, clients, or any other person who gains access to the SWOT.com website in any manner.
The Customer must only use the SWOT.com website for lawful purposes. Any use of the SWOT.com website that violates local or international laws or regulations is prohibited. This includes, but is not limited to, the transmission of proprietary or copyrighted material without the owner’s consent, material that is legally deemed to be threatening, offensive, or obscene, and third-party material that is protected by patent, trade secret, or any other type of intellectual property right, regardless of the Customer’s knowledge of the content or relevant laws.
The use of any information obtained through the SWOT.com website is at the user’s own risk, and SWOT.com is not responsible for the accuracy, quality, or content of such information. SWOT.com services are intended for end-user use only and may not be resold to third parties without providing end-user information to SWOT.com. The user agrees to indemnify and hold SWOT.com harmless from any claims made by third parties alleging that the user’s use of the SWOT.com website has violated any local or international laws or regulations. The user must defend and pay all costs, damages, awards, fees (including reasonable legal fees), and final judgments against SWOT.com resulting from such claims. The user must immediately inform SWOT.com in writing of any claims they are involved in or aware of. If the user fails to do so, SWOT.com reserves the right to defend such claims at the user’s sole cost.
SWOT.com reserves the right to take corrective action in response to notification of inappropriate use by a customer. SWOT.com also reserves the right, at its discretion and without notice, to remove any content or data and block access to the network for one or more users.
Customers are not allowed to bypass user authentication or security for any host, network, or account, reverse engineer or decompile programming, or interfere with service to any user, host, or network.
Customers are prohibited from sending emails to anyone who does not want to receive them, or from sending unsolicited bulk emails (“junk mail” or “spam”) of any kind (including commercial advertising, financial and investment promotions, political tracts, and announcements) or posting the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”). Customers found to be spamming on SWOT.com or persistently distributing unsolicited emails will be dealt with immediately in accordance with this Acceptable Use Policy.
The Customer agrees to comply with the acceptable use policies of any networks they may access through the SWOT.com website. The Customer also agrees not to cause any disruptions, outages, or other problems that may affect SWOT.com’s network or equipment, or negatively impact SWOT.com’s ability to provide services.
SWOT.com reserves the right to prohibit any activities that violate this Acceptable Use Policy or may harm its reputation.
SWOT.com will generally not monitor private electronic mail messages sent or received by its Customers, but may investigate a Customer if required by law, if there is reasonable suspicion of a violation of this AUP, or if public safety requires it. SWOT.com may also monitor the usage of the SWOT.com website to ensure it is functioning properly.
SWOT.com may disclose its Customers’ information or information transmitted through its facilities in order to comply with legal requirements, protect SWOT.com and others from harm, or ensure the proper operation of the SWOT.com website.
The Customer understands that SWOT.com cannot control the content of information transmitted through its facilities and is therefore not responsible for that content.
SWOT.com reserves the right to filter, disconnect, and deny access to any Customer who violates this acceptable use policy (AUP) without notice. This includes when a Customer has engaged in prohibited activities through the service of another provider and channels them through a SWOT.com account or re-mailer, or uses a SWOT.com account as a mail drop for responses, if such use could reasonably be expected to adversely affect the SWOT.com website. SWOT.com may also implement technical mechanisms to block multiple postings as described above before they are sent to their intended recipients.
Violation of this AUP (directly or indirectly, including through a third party) allows SWOT.com to remove the offending material, establish temporary filtering, deny access, suspend or terminate one or more subscriptions to the SWOT.com website, or take any other appropriate action, as determined by SWOT.com in its sole discretion. In addition to any remedies provided in any agreement to access the SWOT.com website, SWOT.com may also give notice of violations, but reserves the right to act without notice when necessary. SWOT.com may also recover the cost of identifying offenders and terminating their access to the SWOT.com website, and charge for covering its costs in the event of such termination of access. SWOT.com may cooperate with other service providers to discourage and resist abuses of acceptable use policies, and may take corrective action upon notification of unacceptable use on other networks.
The SWOT.com website may be linked to other networks worldwide and the Customer is required to follow the acceptable use policies of these networks. The Customer must not cause disturbances, outages, or other problems that may affect SWOT.com’s or any other network or network-based equipment, or adversely affect SWOT.com’s ability to provide access to the SWOT.com website.
The SWOT.com website may only be used by customers in compliance with all laws and regulations. Any activity that is illegal or violates any local or international laws or regulations is prohibited on the SWOT.com website. This includes, but is not limited to, the unauthorized transmission of copyrighted material, threatening, offensive, or obscene material, and material protected by intellectual property rights such as patents, trade secrets, or trademarks, regardless of the customer’s knowledge of the content or laws.
The customer is solely responsible for any information obtained through the use of the SWOT.com website and SWOT.com is not responsible for the accuracy, quality, or content of this information.
All SWOT.com services are intended for use by end-users only and may not be resold to third parties without providing end-user information to SWOT.com.
The customer will indemnify and hold SWOT.com harmless from any claims made by third parties alleging that the customer’s use of the SWOT.com website has violated any applicable laws or regulations. The customer must defend and pay for all damages, costs, awards, fees (including reasonable legal fees), and final judgments resulting from such claims. The customer must immediately notify SWOT.com of any claims or potential claims they are aware of involving the customer and the SWOT.com website. If the customer fails to do so, SWOT.com reserves the right to defend such claims at the customer’s sole cost.