Indemnification:
By using Swanlana’s services, you agree to indemnify Swanlana, its affiliated and related entities, and its officers, directors, employees, and agents from any claims, costs, losses, liabilities, damages, expenses, and judgments arising from actual or alleged breaches of your representations, warranties, or obligations as outlined in these Terms.
No Warranties:
Swanlana provides its acceptance services on an “as-is” and “as-available” basis. Your use of the acceptance services is at your own risk. We provide these services without warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee error-free operation, uninterrupted availability, or freedom from viruses.
We do not endorse or assume responsibility for any third-party products or services advertised through the acceptance services or our website. We will not monitor interactions between you and third-party providers.
Limitation of Liability:
Swanlana will not be liable for indirect, special, incidental, consequential, exemplary, or punitive damages. This includes damages for lost profits, revenues, data, or other intangible losses resulting from the use, inability to use, or unavailability of the acceptance services.
While we disclaim liability for lost profits and other indirect damages, Swanlana does not exclude liability for gross negligence or willful misconduct. We are not liable for damages resulting from hacking, tampering, virus transmission, or unauthorized access to the acceptance services, your account, or any information contained therein.
In no event will our liability for damages arising from the acceptance services or these Terms exceed the fees earned by us during the six-month period preceding the event giving rise to the claim for liability. These limitations apply to the fullest extent permitted by applicable law.
Miscellaneous:
Taxes: You are responsible for determining and handling any taxes associated with the use of the acceptance services. This includes collecting, withholding, reporting, and remitting taxes to the appropriate tax authorities. Swanlana is not obligated to determine the applicability of taxes or handle tax-related transactions.
Assignment: You may not transfer or assign these Terms or any rights granted by them. Swanlana reserves the right to assign or transfer these Terms.
Severability: If any provision of the Terms is deemed invalid or unenforceable, it will not affect the validity or enforceability of other provisions.
Waivers: Failure to assert any right or provision in the Terms does not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such or other terms.
Entire Agreement: These Terms, including referenced Swanlana terms, constitute the entire understanding between you and us. Headings are included for convenience and shall not be considered in interpreting the Terms.
