Sign Up to SWCA’s Regulatory Radar

1. ACCEPTANCE OF TERMS

SWCA Environmental Consultants (“SWCA”, “we”, “our”, or “us”) provides access to a web-based regulatory and policy intelligence platform (the “Platform”), together with related software, content, tools, analyses, and alerts, and all versions and upgrades thereto (collectively, the “Services”).

Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (the “Terms”) and is a binding agreement between SWCA and the business entity that registers or accesses the Services (“Customer”). If you are accessing or using the Services on behalf of Customer, “you” and “your” refer to you in your capacity as an Authorized User of Customer.

You can access and review the most current version of these Terms at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by SWCA.

PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you are accepting these Terms on behalf of an entity, you represent and warrant that you have authority to bind that entity.

2. NATURE OF SERVICES; INFORMATIONAL PURPOSE ONLY

The Services provide regulatory and policy information, analysis, summaries, and related insights. Portions of the Services may be generated or assisted by automated systems, including artificial intelligence technologies, with or without human review.

ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES DO NOT CONSTITUTE LEGAL ADVICE, REGULATORY ADVICE, COMPLIANCE ADVICE, OR PROFESSIONAL CONSULTING SERVICES. NO ATTORNEY-CLIENT, CONSULTING, FIDUCIARY, OR ADVISORY RELATIONSHIP IS CREATED BY USE OF THE SERVICES.

Customer is solely responsible for independently verifying all information and for all regulatory, legal, operational, or business decisions. SWCA does not warrant that the Services are accurate, complete, current, or suitable for any specific regulatory or compliance purpose.

Regulations and laws change frequently. SWCA has no obligation to update previously provided content. Customer acknowledges and agrees that it will not rely on the Services as a substitute for independent professional judgment, and that SWCA is not responsible for Customer’s compliance decisions.

3. SERVICES

(a) License to the Services. Subject to and conditioned on your compliance with these Terms, SWCA hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Customer’s internal business purposes and only for the number of authorized users purchased (“Authorized Users”).

Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by SWCA. The Services provided to you hereunder or available to you through the Services are licensed, not sold, and SWCA retains and reserves all rights not expressly granted in these Terms.

(b) Registered Users.  Access to the Services requires registration of Authorized Users. Customer shall ensure that all Authorized Users provide accurate, current, and complete account information and maintain such information as accurate and up to date.  SWCA shall have no liability arising from Customer’s failure to maintain accurate account information, including failure to receive notices regarding the Services.

Customer is responsible for all acts and omissions of its Authorized Users and for all activities occurring under Customer’s accounts. Customer shall ensure that login credentials are kept confidential and shall not permit credential sharing, concurrent use of a single login by multiple individuals, or access by any person other than Authorized Users. Accounts are non-transferable and may not be sold, assigned, or sublicensed.

Authorized User accounts are issued to specific individuals and are tied to the email address used during registration. Access rights are personal to the designated Authorized User and may not be shared, transferred, sublicensed, or used by any other individual. Customer shall not permit multiple individuals to access the Services using a single account, regardless of whether those individuals share the same employer, department, or email domain. SWCA reserves the right to suspend or terminate accounts that are shared or used in violation of this provision.

Customer shall promptly deactivate access for individuals who are no longer Authorized Users. SWCA reserves the right to monitor usage to verify compliance with the license limits set forth in these Terms or the applicable Order Form. If Customer exceeds the number of Authorized Users permitted under its subscription, SWCA may invoice Customer for additional fees at its then-current rates and/or suspend access until compliance is achieved.

SWCA may suspend or terminate access to any account that it reasonably believes is in violation of these Terms. Customer shall promptly notify SWCA at regulatoryradar@swca.com of any suspected unauthorized access or security incident involving the Services.

4. PRIVACY

(a) Privacy Policy. In addition to these Terms, the SWCA Privacy Policy at https://www.swca.com/privacy-policy/ (the “Privacy Policy”) applies to how SWCA may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, SWCA may receive certain information about you, including personal information, as set forth in the Privacy Policy, and SWCA may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.

(b) Data; Privacy.

(i) Customer is responsible for the accuracy of account and registration information provided for Authorized Users.

Customer represents and warrants that it has provided any necessary notices to, and obtained any necessary consents from, its Authorized Users for the processing of their business contact information in connection with the Services.

SWCA may process Customer account information solely as necessary to provide, maintain, and improve the Services in accordance with the Privacy Policy.

The Services are not intended for the submission or storage of confidential client information, regulated personal information, export-controlled information, or other sensitive data. Customer shall not upload or submit such information into the Services unless expressly authorized in writing by SWCA.

Customer acknowledges that the use of the Services may involve transmission of information over various networks and that SWCA may process such information in the United States or other jurisdictions where it or its service providers operate.

(ii) Notwithstanding anything to the contrary contained in these Terms, SWCA may aggregate usage data and account information in such a way that it will not identify Customer or any Authorized User, and SWCA may use that aggregated data to develop and improve the Services, for diagnostic and corrective purposes in connection with the Services and for any other lawful purpose.

(iii) SWCA maintains commercially reasonable administrative, technical, and physical safeguards designed to protect account information collected in connection with the Services.

Except as expressly provided in the Privacy Policy, SWCA shall not be responsible for unauthorized access to Customer systems or misuse of credentials not caused by SWCA’s breach of its security obligations.

5. PROPRIETARY RIGHTS

(a) SWCA’s Copyrights, Trademarks and Other Intellectual Property. You acknowledge that all content and materials available through the Services, including, but not limited to, text, images, audio, video, interfaces, information, data, source code, object code, software, trade names and trademarks, are the property of SWCA (collectively, the “Content”); the Content and any content licensed to us by third party content providers are protected by copyright, trademark, and other intellectual property laws and treaties of the United States and foreign countries.  Nothing in these Terms grants you any license or right to use our Content except as expressly stated in these Terms.  These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third party sites or otherwise. The Content may only be accessed and used in accordance with the limited license granted under these Terms.

Unless you are otherwise explicitly granted permission, these Terms do not grant you any right or license with respect to any trademarks, service marks, graphics, or logos of SWCA.

(b) Certain Prohibited Activities. Neither the Content, the Services, nor the technology used to compile or operate the Services may be copied, modified, sold, reproduced, reverse engineered, reverse compiled, distributed, republished, displayed, posted, be used to create derivative or collective works, or transmitted in any form, in whole or in part, without SWCA’s prior written consent, which may be withheld or revoked in SWCA’s sole discretion.

Without limiting the generality of the foregoing, you are strictly prohibited from using, or permitting any third party to use (including through any artificial intelligence tool, generative model, automated system or otherwise), the Services, the Content or any data derived from the Services or Content for the purpose of developing, designing, enhancing, improving, supporting, assisting or otherwise contributing to any other product, service or platform (including any service that competes with the Services or that provides functionality substantially similar to the Services).

Customer shall not:

• Use any automated means, including bots, scrapers, crawlers, data-mining tools, or similar technologies, to access or extract Content;
• Circumvent or attempt to circumvent any technical restrictions or usage limitations implemented by SWCA;
• Share login credentials or permit access by individuals other than Authorized Users;
• Access the Services for purposes of benchmarking or developing a competing regulatory or policy intelligence product.

(c) Feedback.  If you submit to SWCA or post through our Services any testimonial, comment, review, suggestion, feedback or work of authorship (collectively, a “Submission”), you acknowledge and agree that such submission will not be confidential or secret and may be used by SWCA in any manner.

SWCA assumes no liability for the disclosure or use of information in a Submission that you consider contains confidential or proprietary information, and no submission sent to SWCA will be considered or treated as confidential information.

We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. In submitting any Submission to us, you: (a) represent and warrant that the submission is original to you, no other party has any rights in the Submission, and that any moral rights in such submission have been waived, and (b) grant SWCA a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any derivative work, form, media, or technology now known or later developed with or without your name and in our sole discretion.

6. USER CONDUCT AND RESTRICTIONS

(a) In your use of the Services, you will not:

(i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services or Content, except as expressly permitted under these Terms;

(ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;

(iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;

(iv) provide access to the Services on a service bureau, timesharing, outsourcing, rental or managed services basis; frame, mirror, or otherwise replicate the Services on another platform; or make the Services available to any third party except as expressly permitted for Authorized Users;

(v) access or use the Services for the purpose of developing, benchmarking, marketing, selling or distributing any product or service that competes with or includes features or functionality substantially similar to the Services;

(vi) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes;

(vii) remove or obscure any proprietary notice that appears within the Services;

(viii) impersonate any person or entity, including SWCA personnel, or falsely state or otherwise misrepresent your affiliation with SWCA, or any other entity or person;

(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

(x) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;

(xi) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services;

(xii) attempt to indirectly undertake any of the foregoing.

Without limiting the foregoing, Customer shall not:

• Use the Services or any Content as a substitute for independent legal or regulatory analysis;
• Represent that outputs from the Services constitute legal advice or regulatory approval;
• Use the Services or outputs to train, fine-tune, validate, or improve any artificial intelligence, machine learning model, large language model, or automated system;
• Systematically extract data to build a separate regulatory database, analytics engine, or derivative information product;
• Incorporate substantial portions of the Content into client-facing reports, deliverables, or publications in a manner that substitutes for the Services.

(b) You will not: upload, post, email, store, transmit, or otherwise make available any content that:

(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;

(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);

(iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;

(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;

(v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;

(vi) contains infringing, libelous, or otherwise unlawful or tortious material; or

(vii) consists of information that you know or have reason to know is false or misleading.

SWCA’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms by SWCA, and does not create a private right of action for any other party.

7. SUBSCRIPTION SERVICES & FEES

(a) Fees.  Access to the Services requires payment of subscription fees as set forth in the applicable order form, subscription agreement (the “Order Form”). The fees set forth in the applicable Order Form (the “Subscription Fees”) shall govern Customer’s access to and use of the Services.

All listed fees are exclusive of taxes.

SWCA may change Subscription Fees for any Renewal Term upon prior notice to Customer.

All payments will be made in United States dollars via (a) electronic funds transfer, (b) credit card or (c) as otherwise required by SWCA, as per the instructions of SWCA. Payment processing services may be provided by third-party processors.

Unless otherwise stated in the applicable Order Form and as stated below in section (d), Subscription Fees are non-refundable. SWCA may suspend access to the Services for non-payment of undisputed amounts past due.

(b) Free Trial.  SWCA may offer a free trial of the Services for initial assessment for a limited period.  You agree that at the end of the trial subscription, you will no longer be able to access the Services unless you subscribe to a paid subscription.  During any trial period, the Services are provided “as-is” with no warranty of any kind, may be subject to limits on use and are intended for evaluative purposes only.  We are not liable for any damages, losses, or liabilities of any kind that arise from the use of Services offered during any free trial subscription.  Use of the Services and Platform during any trial subscription is at your own risk.

(c) Term and Renewal. The initial subscription term shall be as set forth in the applicable Order Form (the “Initial Term”). Unless otherwise specified in the Order Form, subscriptions shall automatically renew for successive periods equal to the Initial Term (each, a “Renewal Term”) unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. SWCA reserves the right to modify subscription pricing and fees at any time. Any change to Subscription Fees shall be communicated to Customer at least thirty (30) days prior to the effective date of such change. Price changes shall not apply retroactively and shall take effect upon the Customer’s next billing cycle, renewal term, or subscription purchase occurring after the effective date of the revised pricing.

Unless otherwise stated in the applicable Order Form, subscriptions are non-cancelable during the applicable term.

(d) For annual subscriptions purchased directly through the Services, Customer may cancel its subscription within thirty (30) days of the initial purchase date and receive a refund equal to eleven (11) months of the applicable annual subscription fee. Following the expiration of the thirty (30) day period, all Subscription Fees shall be non-refundable except as otherwise expressly stated in an applicable Order Form. This refund right applies only to the initial annual subscription term and does not apply to renewals unless otherwise specified by SWCA. To cancel within thirty (30) days under this provision, regulatoryradar@swca.com. Customer may cancel renewal of an active student or professional subscription from the My Account tab when logged in at regulatoryradar.swca.com.

(e) Effect of Expiration or Termination. Upon expiration or termination of a subscription, Customer’s right to access and use the Services shall immediately cease.

8.THIRD-PARTY CONTENT AND SERVICES

The Services may include links to or access to third-party websites, regulatory materials, publications, data sources, or other content (“Third-Party Content”). You acknowledge that use of Third-Party Content is subject to the terms and conditions of the applicable third party, and such terms are solely between Customer and the applicable third party. You agree that SWCA does not control, endorse, or assume responsibility for any Third-Party Content.

You acknowledge that you have sole responsibility for, and assume all risk arising from, your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

SWCA shall not be liable for any loss or damage arising from Customer’s access to or use of Third-Party Content.

Links to third-party regulatory materials or sources are provided for convenience only. SWCA makes no representation or warranty regarding the accuracy, completeness, or continued availability of such Third-Party Content.

Payment processing services are provided by independent third-party providers. SWCA is not responsible for the security or privacy practices of such providers.

9. INDEMNIFICATION

Customer shall defend, indemnify, and hold harmless SWCA and its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, the “SWCA Parties”) from and against any and all third-party claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s or any Authorized User’s breach of these Terms; (b) Customer’s misuse of the Services or Content; (c) Customer’s violation of applicable law or regulation in connection with its use of the Services; (d) Customer’s redistribution, republication, or unauthorized disclosure of the Services or Content; (e) any data, information, or materials submitted by Customer in violation of these Terms; or (f) any regulatory, compliance, or business decision made by Customer in reliance on the Services.

Customer shall not settle any claim in a manner that imposes liability or obligations on SWCA without SWCA’s prior written consent.

10. DISCLAIMER OF WARRANTIES

(a) Customer’s use of the services and the platform is at its own risk. The services and all content are provided on an “as is” and “as available” basis, with all faults. To the maximum extent permitted by applicable law, SWCA and its affiliates disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness, or reliability.

(b) SWCA makes no warranty, representation or guarantee that: (i) the services will meet customer’s requirements; (ii) access to the services will be uninterrupted, timely, secure, or error-free; or (iii) any information, analysis, summaries, alerts, or outputs provided through the services will be accurate, complete, current, or free from errors or omissions.

(c) SWCA makes no representation or warranty that use of the services will enable customer to achieve or maintain regulatory compliance, obtain permits or approvals, avoid regulatory penalties, or satisfy any legal or regulatory requirement.

(d) Portions of the services may be generated or assisted by automated or artificial intelligence systems. Such outputs may contain errors, inaccuracies, or incomplete information. Customer is solely responsible for independently verifying all information before relying on it.

(e) All content is provided for informational purposes only. Customer is solely responsible for confirming the accuracy of all content before taking or omitting any action, and for all decisions and actions taken in reliance on the services.

(f) To the extent any warranties cannot be disclaimed under applicable law, such warranties are limited to the minimum scope and duration permitted by law.

11. LIMITATION OF LIABILITY

(a) To the maximum extent permitted by law, customer assumes all risk arising out of or relating to its access to and use of the services and the content.

In no event shall SWCA or its affiliates, and their respective officers, directors, employees, agents, licensors, or service providers, be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, loss of revenue, loss of business opportunity, loss of data, loss of goodwill, or cost of cover, even if advised of the possibility of such damages.

In no event shall SWCA be liable for any regulatory fines, penalties, enforcement actions, loss of license, permit denials, compliance failures, or other governmental or administrative actions arising from or related to customer’s use of or reliance upon the services.

In no event shall SWCA’s total aggregate liability arising out of or relating to these terms or the services exceed the total subscription fees paid by customer to SWCA during the twelve (12) months immediately preceding the event giving rise to the claim.

(b) The foregoing limitations and exclusions apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if any limited remedy fails of its essential purpose. To the extent any limitation is prohibited by applicable law, such limitation shall apply to the maximum extent permitted by law.

12. SUSPENSION & TERMINATION

(a) SWCA may terminate or suspend Customer’s access to the Services if Customer or any Authorized User breaches these Terms, including misuse of the Services, credential sharing, exceeding license limits, scraping, or prohibited use of Content. Where commercially reasonable, SWCA will provide notice and an opportunity to cure prior to termination; however, SWCA may suspend access immediately if it reasonably determines that continued access poses a security risk, intellectual property risk, or material legal exposure.

SWCA reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) upon reasonable notice. SWCA shall not be liable for modifications or discontinuation of non-material features of the Services.

(b) Upon expiration or termination of a subscription for any reason: (i) Customer’s right to access and use the Services shall immediately cease; (ii) Customer shall discontinue all use of the Services and Content; and (iii) all provisions which by their nature are intended to survive termination, including, without limitation, Sections relating to Proprietary Rights, Restrictions, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Governing Law, shall survive.

(c) Following termination, SWCA shall have no obligation to retain Customer account information except as required by applicable law or the Privacy Policy.

(d) SWCA may terminate subscriptions for convenience upon written notice prior to the next Renewal Term.

13. GOVERNING LAW

These Terms shall be governed by and construed and enforced in accordance with applicable federal laws and the laws of the State of Arizona, without regard to conflict of laws principles.

14. VENUE AND WAIVER OF JURY TRIAL

In the event that either you or SWCA brings any action against the other under this agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Arizona in the County of Maricopa or in the United States District Court for Arizona. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this agreement or any other loan document or the transactions contemplated hereby or thereby (whether based on contract, tort or any other theory).

15. LEGAL COMPLIANCE

Customer represents and warrants that it will comply with all applicable foreign, federal, state, and local laws, rules and regulations in connection with its access to and use of the Services. Customer represents that it is not located in, and will not access the Services from, any jurisdiction subject to U.S. trade sanctions or embargoes, and that it is not listed on any U.S. government list of prohibited or restricted parties.

16. U.S. GOVERNMENT ENTITIES

This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in these Terms with respect to such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that  such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

17. COPYRIGHT INFRINGEMENT CLAIMS – PROCEDURE

If you believe that any Content available through the Services infringes your copyright, please provide SWCA’s designated Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact SWCA’s Agent for Notice of Copyright Claims.

SWCA’s Agent for Notice of Copyright Claims can be reached at:

Agent for Notice of Copyright Claims: VP of Legal at SWCA

Email: contracts@swca.com

Use subject line: Copyright Claim

18. CALIFORNIA NOTICE (IF APPLICABLE)

The Services are offered solely to business entities for commercial use. If SWCA elects to make the Services available to individual consumers, SWCA may provide any consumer notices required by applicable law.

19. GENERAL PROVISIONS

These Terms, together with any applicable Order Form and the Privacy Policy, constitute the entire agreement between Customer and SWCA regarding the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and SWCA with respect to such subject matter. In the event of any conflict between or among these Terms and any end user license agreement, privacy policy or usage guidelines to which these Terms refer, the terms and conditions of these Terms shall take precedence and govern.  These Terms may not be amended by you except in a writing executed by you and an authorized representative of SWCA. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. For the purposes of these Terms, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under these Terms without the prior written consent of SWCA. The failure of SWCA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Any prevention of or delay in performance by SWCA hereunder due to labor disputes, acts of God, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.