Welcome to bestwaycorp.us. Bestway Inc., an Arizona Corporation, (“Bestway”) provides its services to you, through the www.myswisa.com website and the mobile applications and online services of Bestway that link to or display these terms (collectively, our “Online Services”), to showcase its products, provide warranty registration, product support including product and safety manuals and processing of warranty claims. The Online Services are owned and operated by Bestway Inc.
The owner of the Online Services is based in the State of Arizona, in the United States. The Online Services are limited to users who are 13 years of age or older and reside in the United States of America. If you reside outside of the United States of America, please do not use the Online Services.
3. CONTACT INFORMATION.
Please address technical questions or comments about the Online Services to email@example.com.
For all other communications, please contact Bestway at firstname.lastname@example.org.
To the extent that the Online Services allows you to share your information publicly, Bestway shall not have any responsibility for the actions of other users in relation to your information, if you choose to share it. Please consider carefully what you choose to share or make public.
5. MOBILE SERVICES AND CONTACT INFORMATION.
The Online Services may include certain features or services that are available via your mobile phone (the “Mobile Services”), such as the ability to upload content to your mobile phone or request status messages or other alerts be sent to your mobile phone. In addition, if you are required to provide a phone number in the online account registration process and online order process as part of your contact information, you have the option, but are not required, to provide your mobile number as your contact number. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communication with you by SMS, MMS, text message or other electronic means including auto dialers to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that you are responsible for securing the necessary data access service and that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications. Please note that if you are using downloadable applications from Bestway, updates to your device’s systems or firmware may render your use of the applications incompatible. Bestway does not warrant that the Online Services will be compatible with any updates to, or prior versions of, your devices. Bestway may, but is not obligated to, provide you with updates to the Online Services or applications that improve compatibility with updated mobile devices.
6. DIRECTORY & ENDORSEMENTS
References on the Online Services to any specific retailer, distributor, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Bestway, or its officers, employees or agents nor does such reference constitute an endorsement of Bestway or any of the foregoing.
7. COPYRIGHT COMPLAINTS.
Bestway respects the intellectual property of others and expects its users to do the same. Bestway will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to Bestway. Any such notices should be reported our Legal Department at: email@example.com.
8. COPYRIGHTS, TRADEMARKS, AND PERMISSIONS.
Bestway authorizes you to view and use the Online Services solely for your personal informational and noncommercial use. You must (1) not remove any proprietary notice language, (2) use such information only for your personal, non-commercial informational purpose and not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You will not frame or use framing techniques to enclose any portion of this Online Services or the Content without the express prior written consent of Bestway. You will not use meta tags or any other hidden text using the Bestway name or trademarks and service marks without the express prior written consent of Bestway.
The words “Bestway”, and the Bestway logos, and the products and services, and their names and logos, described in the Online Services are either trademarks, trade names, or service marks of Bestway and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Bestway or their respective owners, and then only with the proper acknowledgments. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of Bestway, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Bestway.
Except as otherwise provided in a separate written agreement between you and Bestway, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or electronic submissions to Bestway, or postings to the Online Services, are nonconfidential and shall become the sole and exclusive property of Bestway to the fullest extent permitted by applicable law. Bestway shall own all exclusive rights and shall be entitled to the unrestricted use of these materials for any and all purposes, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Bestway from becoming the sole owner of any such property, then this provision shall be effective as granting to Bestway (with rights of assignment) a perpetual, royalty-free worldwide, paid-in-full, nonexclusive right (including any and all moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.
11. FORUMS, INTERACTIVE AREAS, POSTINGS, AND FEEDBACK.
The Online Services may include discussion forums, message boards, product feedback and reviews or other interactive areas. All views, opinions, and knowledge expressed through or on the Online Services are the sole opinions of such users or visitors, and are provided “AS IS,” and you understand and agree that Bestway does not review, verify or approve of any such views, opinions, or knowledge, nor can it undertake such a review. In addition, you understand that users may have specific circumstances and conditions which may be different than yours. As such, Bestway and our affiliates make no warranties or representations of any kinds as to the accuracy, completeness, reliability, operability, timeliness or legality of any information, postings, views, opinions or knowledge provided through or accessible through the Online Services. All such views, opinions, knowledge, or any other information or materials posted on, provided through or accessible through is not indented to be advice on which you rely. BESTWAY AND ITS AFFILIATES DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM THE CONTENT POSTED, ANY UPLOADED MATERIALS, OR FROM ANY RELIANCE PLACED ON ANY VIEWS, OPINIONS, KNOWLEDGE, OR OTHER INFORMATION OR MATERIALS POSTED ON, PROVIDED THROUGH OR ACCESSIBLE THROUGH THE SITE.
You hereby agree to not upload, distribute, or otherwise publish through the Online Services any content that is false, untruthful, unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for your personal and noncommercial purposes. On the Online Services you cannot distribute or publish promotions, advertising or solicitations for funds, goods, or services, and you shall remain solely liable for the content of any messages or other information posted by you or with your account information on the Online Services. Bestway reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate.
You agree to comply with all additional rules, procedures and policies posted by Bestway for any forums or other interactive areas. Such additional rules, procedures or policies will be posted in the applicable forum or other interactive area.
The Online Services search results may include links to boards and other websites. There may also be links in third party advertisements served on the Online Services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by Bestway or by any of its third-party providers regarding the contents of those boards and other websites. Bestway and its third-party providers are not responsible for will not have any liability with respect to the information or content contained in on or in any boards and other websites that you may access as a result of such links including any objectionable or offensive content. Bestway reserves the right, but does not have any obligation, to remove any offensive or objectionable content. Bestway may establish links to websites that are operated by third parties. Bestway has no control over such websites and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Online Services, or websites linking to the Online Services. Visitors to such third-party websites should refer to such websites’ respective privacy policies, terms and conditions and practices. Any mention on the Online Services of products or services provided by third parties is for informational purposes only and does not constitute and endorsement or recommendation by Bestway.
YOU USE THE SITE AT YOUR OWN RISK. BESTWAY DOES NOT REVIEW OR EDIT SEARCH RESULTS, RELATED CONTENT, OR THIRD-PARTY ADVERTISEMENTS. BESTWAY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT, AND SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BESTWAY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BESTWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BESTWAY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BESTWAY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BESTWAY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
BESTWAY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
15. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT BESTWAY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS TO THE ONLINE SERVICES OR ANY VIEWING OR USE OF ANY INFORMATION ON OR THROUGH THE ONLINE SERVICES OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON ANY INFORMATION INCLUDED IN OR THROUGH THE ONLINE SERVICES. IN NO EVENT WILL BESTWAY’S AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE SITE EXCEED $100. YOU ACKNOWLEDGE THAT, AS NO SUBSCRIPTION OR OTHER FEES ARE REQUIRED FOR YOUR ACCESS TO THE ONLINE SERVICES, THE LIMITATIONS IN THIS PARAGRAPH ARE REASONABLE AND APPROPRIATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Except where prohibited by law, in no event will Bestway be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Bestway has been advised of the possibility of such damages.
Bestway may disclose any information Bestway has about you (including your identity) if Bestway determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Online Services, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Bestway’s rights or property, or the rights or property of visitors to or users of the Online Services, including Bestway’s customers. Bestway reserves the right at all times to disclose any information that Bestway deems necessary to comply with any applicable law, regulation, legal process or governmental request. Bestway also may disclose your information when Bestway determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
18. GOVERNING LAW/JURISDICTION.
19. ENTIRE AGREEMENT.
No waiver by Bestway of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term or provision of these Terms and Conditions at that time or a waiver of that or any other right, term or provision of these Terms and Conditions at any other time.
It is at the express consent of the parties that the present agreement be written in English. C’est la demande expresse des parties que cette convention soit r dig e en anglais.