INTERNET — Terms of Use

INTERNET — Terms of Use

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE

 

Acceptance of terms

X One, Inc. maintains this Web Site (the “Site”) for your personal use. Your access to and use of the Site is subject to the following Terms of Use. X One, Inc. reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. By using the Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use the Site.
X One may offer additional services and functionality for use with its software service. The terms of use regarding such services, if any, are set forth in the Site’s Privacy Policy.
 

Accuracy and Completeness of Information

While X One, Inc. strives to ensure that the information contained in the Site is accurate and reliable, X One, Inc. makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of the Site.
 

Modification of Site

X One, Inc. will periodically revise the information, services and the resources contained in the Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.
 

Your Use of the Site

You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible and you comply with all applicable license agreements. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the site in any manner without the written permission of X One, Inc.
 

Children

The Site does not target and is not intended to attract children. X One, Inc. does not knowingly solicit personal information from children or send them requests for personal information. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at www.ftc.gov/ogc/coppa1), you must be at least thirteen (13) years of age to subscribe to services offered on the Site. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of services offered on the Site. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur thereunder. X One, Inc. reserves the right to refuse service to anyone at any time without notice for any reason.
 

No Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.
 

Unsolicited Submissions

X One, Inc. welcomes your comments and is happy to provide answers to your questions about our software, services and our company through our contact form. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, or marketing of our software or services (“Submissions”). If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of X One, Inc. X One, Inc. shall exclusively now and hereinafter own all rights, title and interest therein. X One, Inc. will be free to use any Submissions for any purpose whatsoever. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas relating to software, services or concepts developed by the employees of X One, Inc.
 

Privacy Policy

The use by X One, Inc. of any personal data you submit to the Site is governed by the Site’s Privacy Policy.
 

Disclaimers

Your use of the Site is at your sole risk. The Site is provided on an “as is” basis. X One, Inc. expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non infringement.
If you download any material from the Site, you do so at your own discretion and risk. You will be responsible for any damage to your computer system or loss of data that results from the download of any such material.
 

Limitation of Liability

In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall X One, Inc. be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
 

Indemnification

You agree to defend, indemnify and hold X One, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.
 

Public Officials

The images and public statements of government officials are for illustrative purposes only and do not imply that the public officials use or endorse the goods and services offered on this Site.
 

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in the Site are the exclusive property of X One, Inc. and its licensors, successors and assigns. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of X One, Inc. Some of the people illustrated on the Site are models. In the case of models, the image of the model is for illustrative purposes only and does not mean that the model personally uses or endorses the goods or services offered on the Site.
 

Trademarks

The Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to X One, Inc. Nothing contained on should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without written permission of X One, Inc. or any such third party that may own a Mark displayed on the Site.
 

Links to Third Party Sites

As a convenience to users, the Site may link to other sites owned and operated by third parties and not maintained by X One, Inc. However, even if such third parties are affiliated with X One, Inc., X One, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of X One, Inc. X One, Inc. is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
 

Jurisdiction

X One, Inc. maintains and operates the Site from its offices in California, United States of America. These Terms of Use are governed and interpreted under the laws of the State of California, United States of America. By using this site you consent to the jurisdiction of the courts located in California for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of X One, Inc. to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit the rights of X One, Inc. with respect to such breach or any subsequent breaches.
 
Release date: 3/01/2014