Website
Terms of Use
WEB
SITE TERMS OF USE
These XACTIX, Inc. Web Site Terms of Use (Terms of Use) explain
the contractual agreement between you, the person using this
web site (XACTIX Web Site) and XACTIX, Inc. (XACTIX, "we",
"us", "our") regarding your use of the XACTIX
Web Site. If you do not accept these Terms of Use, you are not
authorized to use the XACTIX Web Site. Your continued use is
your automatic agreement to the applicable provisions in these
Terms of Use.
We recommend
that you review these Terms of Use. You may also print a copy
for your records.
BACKGROUND
Via the XACTIX Web Site, we provide certain information about
our products and services and certain other third party information.
We may add, delete or modify some or all of our services and
information at any time. If at any time you are not in compliance
with these Terms of Use, we have the right to terminate your
rights of use and your access to the XACTIX Web Site. We also
have the right to terminate your use at our discretion, for
any reason or no reason.
UPDATES
TO TERMS OF USE
We may amend these Terms of Use at any time by posting the amended
Terms of Use on the XACTIX Web Site. Your continued use of the
XACTIX Web Site after the posting of the amended Terms of Use
constitutes automatic acceptance of the amended Terms of Use.
You may only amend these Terms of Use with a writing signed
by both of us.
SYSTEM
INTEGRITY
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.
LINKS
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.
PRIVACY
We recommend that you review our Privacy Policy which is posted
on the XACTIX Web Site, and which is a part of these Terms of
Use. We may also amend the Privacy Policy from time to time.
If at any time you are not in compliance with the policy, we
have the right to terminate your rights of use and access to
the XACTIX Web Site. Unfortunately, we cannot insure that all
personal information will never be disclosed in ways not otherwise
described in the Privacy Policy. We may be required by law to
disclose information to government authorities, law enforcement
or to third parties upon subpoena, and you authorize us to disclose
information as we believe, in our sole discretion, is necessary
or appropriate.
OWNERSHIP
The XACTIX Web Site and all intellectual property rights included
in or related to the XACTIX Web Site (including but not limited
to copyrights, trademarks and service marks), are owned or licensed
by us, and all right, title and interest in the XACTIX Web Site
and the intellectual property rights remain our property (or
the property of the respective Licensors). You may not, and
these Terms of Use do not give you permission to, reproduce,
reverse engineer, decompile, disassemble, modify or create derivative
works with respect to the XACTIX Web Site. Certain content may
be licensed from third parties and all such third party content
and all intellectual property rights related to the content
belong to the respective third parties. You may not remove any
copyright, trademark or other intellectual property or proprietary
notice or legend contained on the XACTIX Web Site or its content.
XACTIX, Xetch and the XACTIX logo are trademarks of XACTIX,
Inc.
OUR
RELATIONSHIP
The XACTIX Web Site is only a site providing information about
the XACTIX and its products and services. No agency, partnership,
joint venture, employee-employer or franchisor-franchisee relationship
is intended or created by these Terms of Use between you and
XACTIX. These Terms of Use are an agreement between you and
us and are not intended to be for the benefit of any third party.
GOVERNING
LAW AND JURISDICTION
The XACTIX Web Site (excluding linked sites) is operated by
us from our offices in Pittsburgh, Pennsylvania, USA. It can
be accessed from all 50 states in the United States, as well
as from other countries around the world. As each of these places
has laws that may differ from those of Pittsburgh, Pennsylvania,
USA, by accessing the XACTIX Web Site, you agree that these
Terms of Use and your use of the XACTIX Web Site shall be governed
in all respects by the internal substantive laws of the Commonwealth
of Pennsylvania, United States of America, without regard to
conflict of laws provisions. You further submit to jurisdiction
and venue in the courts located in Pittsburgh, Pennsylvania
and further agree that any cause of action you may bring arising
under your use of the XACTIX Web Site shall be brought by you
exclusively in a court located in Pittsburgh, Pennsylvania.
XACTIX makes no representation that materials on the XACTIX
Web Site are appropriate or available for use in other locations,
and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site
from other locations do so on their own initiative and are responsible
for compliance with local laws.
NO WARRANTY
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 supplier’s
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, mis-deliveries 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.
The
limitations of liability provided in these Terms of Use inure
to the benefit of XACTIX, our affiliates and to all of our respective
officers, directors, employees, attorneys and agents. Some jurisdictions
do not permit the disclaimers and limitations contained in these
Terms of Use, in which case they are not applicable to you.
OTHER
GENERAL PROVISIONS
If any provision of these Terms of Use is held to be invalid
or unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or
similar breaches. These Terms of Use, and all writings and web
pages incorporated by reference into these Terms of Use, set
forth the entire understanding and agreement between us with
respect to the subject matter hereof.
Last
Updated August 3, 2005
