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Terms of Use
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Acceptance of Contract Terms
The following are the terms of a legal agreement between you and Xellenc, Inc. (Xellenc). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including United States of America export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Minors
This Site is NOT intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.
Use Restrictions
The copyright in all materials, including all images, illustrations, designs, icons, photographs, video clips, text, software and other materials (the “Contents”), on this Site is held by Xellenc; its clients, suppliers or vendors; or the original creator of the material and are protected by United States and international law. The Site as a whole, compilation and arrangement of the Contents and trade dress, is owned exclusively by Xellenc and is protected by United States and international law. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are also advised that Xellenc will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Except as stated herein, none of the material 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 otherwise, without the prior written permission of Xellenc or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.
You also may not, without Xellenc permission, "mirror" any material contained on this Site on any other server. Xellenc has not reviewed any or all of the sites linked to this Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of Xellenc.
Xellenc Trademarks and Servicemarks
Xellenc TM and other Xellenc marks, logos and designs appearing on this Site are the exclusive trademarks and servicemarks of Xellenc. All other trademarks and service marks appearing on this Site not owned by Xellenc are the property of their respective owners and may not be used for any purpose without the express written consent of the owner.
Disclaimer of Warranties; Limitations of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND XELLENC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THIS SITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL XELLENC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR ACCESSED THROUGH THIS SITE, ANY SITE OR SERVICE LINKED TO THIS SITE, EVEN IF XELLENC OR A AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XELLENC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Confidential Information
Should Xellenc provide to you a password that allows you to access certain parts of the Site (Confidential Information), you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Xellenc of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Site at the end of each session to prevent fraud on your account by third parties.
Termination or Suspension of Access
Xellenc reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part.
Communications and Suggestions
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Anything you transmit or post becomes the property of Xellenc and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Xellenc is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Modifications
Xellenc may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Miscellaneous
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of these Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Xellenc to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. You cannot assign this Agreement or delegate your duties under this Agreement, without the prior written consent of Xellenc. The confidentiality provisions of this Agreement shall remain in full force and effect for one (1) year from the date of last access to this Site.
Applicable Laws; Exclusive Jurisdiction
This Site is controlled and operated by Xellenc from its offices within the United States. Xellenc makes no representation that materials in the Site are appropriate or available for use in other locations, and access to 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 applicable local laws.
A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to Xellenc for which there will be no adequate remedy at law, and Xellenc shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida, United States of America without regard to any conflict of law provisions. Any dispute arising out of or relating to these Terms of Use or your access to or use of this Site shall be resolved exclusively by the state and/or federal courts located in Jacksonville, Duval County, Florida, United States of America, and you expressly consent to the exclusive personal jurisdiction of such courts.
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