Welcome to the XOR Data Exchange, Inc.’s (“XOR”) web site (“Site”). Please review the following terms and conditions concerning your use of the Site. By accessing, inputting your personal data or downloading content from the Site, you agree to follow and be bound by these terms and conditions (“Terms”). If you do not agree with these Terms, please do not use this Site.
General Use Provisions
All content provided on this Site, including but not limited to information, content, logos, graphics, and images (“Content”) are provided either by XOR or by their respective third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of XOR and/or its Third Party Providers. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of XOR or the Third Party Provider. Your use of this Site is at your own risk, and XOR makes no warranty to you that the Site will meet your requirements, or be available in an uninterrupted, secure or error-free basis. Your sole and exclusive remedy for issues related to this Site shall be to discontinue using it.
Except where expressly provided otherwise by XOR, nothing on this Site shall be construed to confer any license under any of XOR’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Content provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by XOR. XOR does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by XOR.
You agree that XOR may terminate your access to the Site at any time, in its sole discretion. Your access to this Site may be monitored by XOR.
Any unauthorized use of any Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and other regulations and statutes.
Intellectual Property Notices
Links To Third Party Sites
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY XOR, THE CONTENT ON THE SITE ARE PROVIDED “AS IS”, AND XOR HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER XOR NOR ANY PERSON OR COMPANY ASSOCIATED WITH XOR SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT ON THIS WEBSITE OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE OR THROUGH OUR SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS XOR, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF XOR, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. IN NO EVENT SHALL XOR, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF XOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any one or more terms or provisions in the Terms is deemed unlawful, void or for any reason unenforceable, then such terms or provisions shall be deemed severable from the remaining terms or provisions and will not affect the validity and/or enforceability of the remaining Terms.
Legal Contact Information
If you have any questions about these Terms, or if you would like to request permission to use any Content, please contact XOR General Counsel at: