LEGAL NOTICES AND TERMS AND CONDITIONS OF USE
The word "Website" as used in the following Legal Notices and Terms and Conditions of Use ("Terms") includes the web page, www.xumatic.com, and any other web pages linked directly or indirectly to www.xumatic.com, which are owned and/or operated and/or maintained by XuMatic Inc ("XuMatic").
The text, images, information, and services presented on and through the Website are the property of XuMatic. XuMatic provides them to you subject to the following Terms. Xumatic reserves the right to update the Terms at any time without notice to you. Your use and viewing of the Website and of any information provided to you by way of this Website indicate your acceptance of the Terms. XuMatic may amend or modify these Terms without any notice to you. You are hereby notified, in advance, that XuMatic objects to and rejects any and all additional, different or inconsistent terms or conditions proposed by you, whether in a purchase order or otherwise.
Through its Website, XuMatic provides access to a variety of resources to you, including but not limited to the following: product and service information, product purchase information and capabilities; surveys and forms; technical information; company information; trade information; employment information; credit information and applications; and information about XuMatic, etc. (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new information, are subject to the Terms.
Unless otherwise specified, the Services and the Website are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services and the Website.
Permission to use documents and forms (such as order forms, literature, brochures, request forms, marketing documents, employment forms, credit applications, etc.) from the Services and from the Website is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear where appropriate, (2) use of such documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications to any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Website or any other XuMatic owned, operated, licensed, or controlled site. Elements of Website and any other XuMatic website are protected by trade dress, trademark, service mark, copyright, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Website or any XuMatic website may be copied or retransmitted unless expressly permitted by XuMatic.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Website, you are granting to XuMatic a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
If any of the Services require you to open an account, you must complete the registration process by providing XuMatic with current, complete and accurate information as prompted by the applicable registration form. You may also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify XuMatic immediately of any unauthorized use of your account or any other breach of security. XuMatic will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by XuMatic or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
As a condition of your use of the Services and Website, you will not use the Services or Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Services or Website in any manner that could damage, disable, overburden, or impair any XuMatic server, or the network(s) connected to any XuMatic server, or interfere with any other party's use and enjoyment of any Services and Website. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any XuMatic server or to the Website or any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information.
. Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
. Restrict or inhibit any other user from using and enjoying the Communication Services.
. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
. Harvest or otherwise collect information about others, including e-mail addresses.
. Violate any applicable laws or regulations.
. Create a false identity for the purpose of misleading others.
. Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
XuMatic has no obligation to monitor the Communication Services. However, XuMatic reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. XuMatic reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
XuMatic reserves the right at all times to disclose any information as XuMatic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in XuMatic's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. XuMatic does not control or endorse the content, messages or information found in any Communication Services and, therefore, XuMatic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
SOME OF THE LINKS FROM THIS WEBSITE WILL LET YOU LEAVE XUMATIC'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF XUMATIC AND XUMATIC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. XUMATIC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. XUMATIC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY XUMATIC OF THE SITE.
Copyright © 2012 XuMatic Inc, 647 Brooks Ave, Rochester, New York 14619 U.S.A. All rights reserved.
All online Services, policies, information, and/or documents are for informational purposes only. XUMATIC MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, BY POSTING SUCH SERVICES, POLICIES, INFORMATION, AND/OR DOCUMENTS OR ABOUT THE INFORMATION IN THE SAME.
XuMatic may occasionally change any of its online policies, Terms, or similar documents on this Website, add or remove any terms of such policies, Terms, or documents, or remove or discontinue such policies, Terms, or documents completely, at any time. IfXuMatic makes any such changes, XuMatic may post the revised policies, Terms, or documents to this Website, and may revise the publication date on them, but will not provide any other notice to you. XuMatic encourages you to check all online policies and similar documents relevant to your situation periodically to keep informed about their status.
THE MATERIALS, DOCUMENTS, AND INFORMATION AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL XUMATIC OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, AGENTS, EMPLOYEES, OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, DOCUMENTS, AND/OR WEBSITE, EVEN IF XUMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, XUMATIC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
XUMATIC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, INFORMATION, AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE OR AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS, INFORMATION, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE DOCUMENTS, INFORMATION, AND RELATED GRAPHICS PUBLISHED ON THE SERVICES AND WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XUMATIC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE SERVICE(S) DESCRIBED HEREIN AT ANY TIME.
You specifically acknowledge and agree that XuMatic is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any material or with any of XuMatic's Terms, your sole and exclusive remedy is to discontinue using the Website.
XuMatic may allow you to purchase different types of products and services via the Website that are provided by third parties. XuMatic is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. Your use of this Website also signifies your release of XuMatic and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of these products or services.
XuMatic does not warrant that the functions contained in the Services, any documents, and/or the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website, including bulletin boards, or the server that makes its available, are free of viruses or other harmful components. XuMatic does not warrant or make any representations regarding the use or the results of the use of the Services, documents, and/or Website or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not XuMatic) assume the entire cost of all necessary maintenance, repair, or correction.
XuMatic does not share customer information of any kind with anyone. We will not sell or rent your name or personal information to any third party. We DO NOT sell, rent, or provide outside access to our mailing list.
XuMatic only collects such personal information that is necessary for you to access and use our Services and the Website. This personal information includes, but is not limited to, first and last name, physical address, zip code, email address, phone number, social security number, birth date, credit card information, financial information, loan information, vehicle information, marital information, and other personal information necessary to generate proper legal documents.
XuMatic may release such personal information if XuMatic is required to by law, search warrant, subpoena, or court order.
XuMatic may also use personal information in a manner that does not identify you specifically nor allow you to be contacted but does identify certain criteria about XuMatic's Website's users in general (such as to inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed).
By your use and viewing of the Website and the Services, you agree to indemnify and hold XuMatic, its directors, officers, agents, affiliates, and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of the user's use of or conduct on the Website.
You agree that by accessing the Website that these Terms and all matters relating to your access to, or use of, the Website, Terms, or Services shall be governed by and construed in accordance with the laws of the Commonwealth of New York and that the state and/or federal courts of Rochester, New York shall decide disputes arising out of or relating to your use of this Website. Additionally, you agree to the exclusive personal jurisdiction and venue of the state and federal courts situated in Rochester, New York. You hereby waive any claim that Rochester, New York is an inconvenient forum and any claim that any action or proceeding arising out of or relating to the Website or these Terms and commenced in the aforesaid courts lacks proper venue.
These Terms constitute the entire agreement between XuMatic and you with respect to the subject matter contained herein and supercede all previous and contemporaneous agreements, proposals and communications, written or oral. XuMatic may amend or modify the Terms or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on the Website. Any use of the Website and/or Services by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
If you are a minor, you can use this Website and Services only in conjunction with your parents or guardians. If you are a minor, please do not submit any personal information.
© 2011 XuMatic Inc. All rights reserved