WEBSITE USAGE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

This Agreement, by and between you, on behalf of yourself and the buyer, or for a buyer for which you have registered (hereinafter “you”) and Umbrella Software Trading (“UST”), governs the use of this site located at www.swiss-global.com. By using, viewing, caching, storing and/or otherwise utilizing the Site, the services and functions offered in or by the Site and/or contents of the Site, you have agreed to each and all the terms and conditions set forth herein, and waive any right to any ambiguity in this Agreement.

If you do not agree to each of the terms and conditions herein, please leave this Site immediately.

1. Legal Capacity

The Site is available only to individuals and entities that can enter into legally binding contracts. The Site and the services offered are not available to individuals below 18 years of age. If acting on behalf of a corporation or other person, you must be have the power and authority to enter into and bind the entity you represent, and must have the authority to use the Site and the services offered according to the terms of the corporation you are representing, without need to obtain prior or later approval.
If you do not qualify under this paragraph, click here to leave the Site and to do not use the Site.

2. Terms of Use and Restrictions

All materials and content in the Site are the copyrighted property of UST, its affiliates or third party licensors. Except as otherwise expressly stated herein, no material or content in the Site may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, distributed in any way. The use of the material or content on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. Unless otherwise indicated, the names, trademarks, logos and service marks of “Swiss”, and “Swiss Gold” belong to UST. You may not frame or utilize framing techniques to enclose any of trademarks, logos, or other proprietary information without UST's prior written consent.
You shall not use the Site, the software and services therein, to violate, circumvent or breach any laws, statutes, regulations, contract, or rights of another person. You agree to use the Site, the software and services therein only for lawful purposes.

3. Content Linked to the Site

Links to other sites contained in the Site are provided for your convenience. By providing these links, UST is not endorsing, sponsoring or recommending such sites or materials disseminated in such sites to you. UST shall not be responsible for the information and materials provided from other sites.

4. Disclaimer

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY.
UST DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. UST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDiNG BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, OR ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE.

UST DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE AND COMPLETE.

UST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

UST shall not be responsible for telephone, electric, electronic, network, internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated connections, messages, entries or the security of any such matters.

UST reserves the right, in its sole and absolute discretion, to prohibit you and any buyer from using the Site, and to cancel or terminate, modify or suspend the Site or any portion thereof if (a) for any reason any portion of the Site is incapable of running as planned, or due to any other causes beyond the control of UST, or (b) you breach any of the terms of this Agreement, or (c) act in a manner with the intent of annoying, abusing, threatening, or harassing, any other person, or act in any disruptive manner. UST likewise reserves the right to refuse the service, terminate accounts, and remove content in its sole and absolute discretion.

5. Indemnification

You are entirely responsible for maintaining the confidentiality of your password and account, and for all activities that occur in the use of the account. You agree to indemnify UST, defend and hold UST, its owners, partners, agents, officers, employees, directors, associates, third party content providers, third party licensors, and affiliates harmless from and against any and all demands, claims, liabilities, damages, fines and penalties of whatsoever nature (including reasonable attorney's fees), and whether by reason of death, injury to any person or loss of, or damage, to any property arising out of or in any way connected with this Agreement, software, the services and products provided therein to you or any related act or failure to act by you including without any limitation, any claims related to infringement of intellectual property rights, copyright, patent, trade secret, trademarks, privacy or other rights, arising out of or connected to this Agreement and the software or services provided therein. You shall cooperate with us in the defense of any claim. UST reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UST BE LIABLE FOR ANY LOSS IN PROFITS, COST OF COVER, DIRECTOR, INDIRECT OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, THE SITE OR THE SOFTWARE AND SERVICES PROVIDED THEREIN OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SOFTWARE, SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR ARISING FROM THE USE OF THE SITE AND SERVICES FOR UNLAWFUL PURPOSES OR FOR PURPOSES OTHER THAN AS INDICATED THEREIN, WHETHER OR NOT WE HAVE BE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IN NO EVENT SHALL THE TOTAL AMOUNT OF LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED THE AMOUNT PAID BY YOU TO UCC FOR THE USE OF THE SITE, SOFTWARE OR SERVICES IN THE MONTH IMMEDIATELY PRECEDING SUCH DAMAGE.

7. Free and Harmless

By utilizing the Site, you acknowledge and agree that UST, its owners, partners, agents, officers, employees, directors, associates, third party content providers, third party licensors, and affiliates, are RELEASED, DISCHARGED, and HELD HARMLESS, from and are not responsible or liable arising from the use, misuse, possession, of the Site, the software, services, content and materials therein, including without limitation to any illness, loss, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation or invasion of privacy, reasonable attorney's fees and court costs.

8. Advertisements and Sponsorships

Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that all materials or information in the Site comply with laws, rules and regulations. UST shall not be liable for any violation of law, error or inaccuracy in the advertisements and sponsorships.

9. Termination

This Agreement shall be effective until terminated by either party. Your access to the Site may be terminated by UST unilaterally without need of notice if in its sole and absolute discretion, you failed or fail to comply with the terms of this Agreement.

10. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Philippines.

11. Premium Content

Premium Content will be accessible upon payment to UST of certain charges. If UST (or its designated agent) does not receive payments when due, it may immediately suspend your use of Premium Content.

12. Consent to Use Information Collection

By using the Site, you consent to the collection and use of your personal information. Whenever you connect to any site of a third party you are no longer on the Site and you will be subject to the privacy policies of that site. You should review the privacy policies of third party sites carefully. Your Personal Identifying Information may be gathered from a variety of sources, including, but not limited to:

•Information you provide to us, including the input of data or submission of information on applications or forms, or in relation to the services you have requested.

•Information you provide to us about your experience with Umbrella and third parties you are professionally affiliated with, so that we may better serve you.

13. Information Automatically Logged

When you visit the Site, some information may be collected automatically as part of the software operation of this Site. This information may include:

•Your Internet protocol address,

•Internet service provider,

•The operating system you used,

•The referring web site address,

•The time and date of your visit, and

•The web pages or services you accessed at this site, including the first and last web pages you visited.

14. Information Use and Disclosure

Personal Identifying Information that you provide as a result of using the website will be maintained by UST. Any Personal Identifying Information will be used for the purposes for which it was provided and such related purposes. UST may share Personally Identifiable Information with third parties, including affiliated companies, third parties performing services for or on behalf of the UST, or third parties maintaining agreements with the company.