You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, other malicious code or repeated “hacks” or”attacks”on web server(s), intended to damage or interfere with the proper working of the XACTIX Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the XACTIX Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, and/or any other such unsolicited overload technique.
INFORMATION POSTED ON XACTIX WEB SITE
Information on the XACTIX Web Site is provided as is and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. XACTIX may also make improvements and/or changes in the products and services described on the XACTIX Web Site at any time without notice. Any information contained on the XACTIX Web Site does not represent a commitment on the part of XACTIX in the future.
We do not endorse any information posted by third parties on the XACTIX Web Site and we are not liable for any such information, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the XACTIX Web Site which we believe is appropriate in our sole discretion with respect to such information, including but not limited to removal of such information and/or termination of your rights of use.
The XACTIX Web Site may contain links to third-party web sites not under the control or operation of XACTIX. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.
Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the XACTIX Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "XACTIX" or "www.xactix.com"; (b) the link must "point" to the URL "http://www.xactix.com" and not to other pages within the XACTIX Web Site; (c) the link, when activated by a user, must display the XACTIX Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
THIRD PARTY CONTENT
The XACTIX Web Site may contain news and information published by various third party providers. The Terms and Conditions of the respective third parties will be posted on the XACTIX Web Site (and may be updated from time to time). We recommend that you review these Terms and Conditions. If at any time you are not in compliance with these Terms and Conditions, we have the right to terminate your rights of use and your access to the XACTIX Web Site.
GOVERNING LAW AND JURISDICTION
WE PROVIDE THE XACTIX WEB SITE AND OUR SERVICES "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE XACTIX WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE XACTIX WEB SITE AT YOUR OWN RISK.
LIMITATION OF LIABILITY
In the event that you have a dispute with one or more users of the XACTIX Web Site, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the XACTIX Web Site or such disputes. You waive the provisions of any law or regulation limiting or prohibiting a general release.
Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the XACTIX Web Site caused by our suppliers performance or lack of performance of the maintenance work to keep the XACTIX Web Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, misdeliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the XACTIX Web Site.
IN NO EVENT SHALL XACTIX BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL XACTIX'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $1,000.
OTHER GENERAL PROVISIONS