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Terms of Use |
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Please read all
these provisions (“terms”) carefully before using this Web site.
Using this Web site indicates your agreement and acceptance of
these terms. If you do not accept these terms, do not use this
Web site or download materials from this site.
The Site and its Use
The XDimensional Technologies, Inc. ("XDTI.com") Web site is
owned and provided by XDimensional Technologies, Inc.
For purposes herein, XDimensional Technologies is collectively
referred to as "XDTI." The applicable Web site or sites are
referred to herein as the "Site." The Site is provided for your
personal information and non-commercial use.
Please feel free to browse the Site; however, your access to and
use of the Site is subject to the following Terms and all
applicable laws:
• You shall use the Site for lawful purposes only.
• You shall not post or transmit through the Site any
information or material which violates or infringes, in any way,
the rights of others, or which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, harassing, or otherwise objectionable.
• Nor shall you post or transmit through the Site any
information or material which encourages conduct that would
constitute a criminal offense, give rise to liability or
otherwise violate any law or administrative ruling or
guidelines, is in violation of these Terms, or which, without
XDTI's prior written approval, contain advertising or any
solicitation with respect to products or services.
Any conduct by you that, in XDTI's opinion, restricts or
inhibits any other user from using or enjoying the Site will not
be permitted.
The Site contains information and material, including, but not
limited to, text, software, photos, video, graphics and audio,
(collectively "Materials") which are derived in whole or in part
from information and materials supplied by XDTI and other
sources, and are protected by international copyright, trademark
and other laws and the entire content of the Site is copyrighted
as a collective work under the United States Copyright Laws.
XDTI owns the copyright in the overall selection, coordination,
arrangement and enhancement of such content, and owns the rights
in, or license to use, the individual components of such
content.
Materials may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted or distributed in any way or
decompiled, reverse engineered or disassembled, including but
not limited to the text, images, audio and/or video, as well as
any software (including but not limited to any images or files
incorporated in or generated by the software or data
accompanying such software).
The use of any such Materials on any other Web site or networked
computer or environment is prohibited without XDTI's express
written consent. If you breach any of these Terms, your
authorization to use the Site automatically terminates.
Disclaimer
The Site and materials and related communications are provided
“as is” without any representations or warranties, express or
implied, of any kind, including, but not limited to, warranties
of merchantability, non-infringement, or fitness for particular
purpose..
Some jurisdictions do not allow for the exclusion of implied
warranties, so the above exclusions of implied warranties may
not be applicable under certain circumstances. Under these
circumstances, all other exclusions remain in force.
XDTI does not warrant the accuracy, reliability or completeness
of any information contained on this Site. Nor does it warrant
or represent that any information may be suitable for use in any
circumstance or application. By using this Site you acknowledge
that any reliance on any such materials, advice, statement or
information shall be at your sole risk.
XDTI assumes no responsibility and shall not be liable for any
damages of any nature caused by the use of this Site. This
express disclaimer includes damages caused by viruses, worms,
trojans or any other computer software or anomaly that may
infect, affect, or damage your computer hardware, software,
memory or any other property of yours or others, as a result of
your access to, use of, or browsing in this Site.
Third-Party Sites
XDTI may provide as a convenience to you, links to Web sites
operated by other entities and persons, but makes no
representations whatsoever about any other Web site which you
may access through this one. Any link to a non-XDTI Web site
does not mean that XDTI endorses or accepts any responsibility
for the content, or the use of such Web site.
If you use these non-XDTI Web sites, you do so at your own risk. XDTI makes
no warranty or representation regarding, and does not sponsor or
endorse, any linked Web sites or the information or materials
appearing thereon or any of products and services described
thereon.
Furthermore, links do not imply that XDTI is affiliated or
associated with, or that any linked site is authorized to use
any trademark, trade name, logo, or copyright of XDTI.
Third Party Content
Any opinions, statements, services, offers or other information
or content expressed or made available in the Site by any third
party are those of the respective author(s) or distributor(s)
and not of XDTI.
Limitation of Liability
Your use and browsing of the Site is at your risk. If you are
dissatisfied with any of the Materials contained in the Site, or
with any of these Terms, your sole and exclusive remedy is to
discontinue accessing and using the Site.
Under no circumstances will XDTI, its suppliers or other third
parties mentioned at, or involved in creating, producing, or
delivering the Site be liable for any direct, incidental,
consequential, indirect, special or punitive damages whatsoever
(including without limitation, costs and expenses of any type
incurred, lost profits, lost data or programs, and business
interruption) arising out of your access to, use, inability to
use or the results of use of the site any Web sites linked to
the Site, or any materials contained at any or all such Web sites
(including but not limited to those caused by or resulting from
a failure of performance; error; omission; linking to other Web
sites; interruption; deletion; defect; delay in operation or
transmission; computer virus; communication line failure; or
destruction, unauthorized access to, alteration of, or use of
any computer or system), whether based on warranty, contract,
tort, negligence, strict liability, or any other legal theory
and whether or not XDTI was advised of the possibility of such
damages.
XDTI shall have no liability or responsibility for any acts,
omissions, or conduct of any user or third party.
XDTI's obligations and responsibilities regarding its products
and services are governed solely by XDTI's terms and conditions
of sale or license under which such products and services are
sold or licensed.
Copies of such terms and conditions are available from the
applicable XDTI entity.
Safe Harbor
The Materials at the Site may contain various forward-looking
statements and which may be based on or include assumptions,
concerning XDTI's operations, future results and prospects.
These forward-looking statements are based on current
expectations and are subject to risk and uncertainties.
In connection with the "safe harbor" provisions of the United
States' Private Securities Litigation Reform Act of 1995, XDTI
provides the following cautionary statement identifying
important economic, political and technology factors which,
among others, could cause the actual results or events to differ
materially from those set forth or implied by the
forward-looking statements and related assumptions.
Such factors include the following:
(1) changes in the current and future business environment,
including interest rates and capital and consumer spending;
(2) competitive factors and competitor responses to XDTI's
initiatives;
(3) successful development and market introductions of
anticipated products;
(4) changes in government laws and regulations, including taxes;
(5) unstable governments and business conditions in emerging
economies;
(6) continuation of the favorable environment to make
acquisitions, domestic and foreign, including regulatory
requirements and market values of candidates.
Information Provided By You
It has been and remains XDTI's policy not to accept or consider
ideas, suggestions or materials other than those that XDTI has
specifically requested from you. Accordingly, XDTI does not want
you to, and you should not, send any confidential or proprietary
information to XDTI through the Site unless specifically
requested by XDTI. Please note that for any unsolicited information
or material sent to XDTI, XDTI will not deem such information or
materials as being confidential
or proprietary.
By submitting information and material to the Site, you
automatically grant to XDTI (or warrant that the owner of such
information and material has expressly granted to XDTI) a
royalty-free, perpetual, irrevocable, unrestricted, right and
license to use, reproduce, display, perform, modify, adapt,
publish, translate, transmit and distribute, or otherwise make
available to other such information and material (in whole or in
part and for any purpose) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or
hereafter developed. You also agree that XDTI is free to use any
ideas, concepts, know-how, or techniques that you send XDTI for
any purpose.
As further provided above, XDTI does not want to receive, and
you are deemed to covenant and agree through the use of the Site
not to provide, any information or materials to XDTI that are
defamatory, threatening, obscene, harassing, in violation of any
law, governmental requirements or otherwise unlawful, or that
incorporate the proprietary information or materials of another
person or entity.
You shall not upload, post or otherwise make available on the
Site any information and material protected by copyright,
trademark or other proprietary right without the express written
permission of the owner of such right(s).
You shall be solely liable for any damages resulting from any
infringement of copyright, proprietary rights, or any other harm
resulting from such a submission.
Changes
XDTI reserves the right, in its sole discretion, to revise these
Terms at any time and correct any errors or omissions in any
portion of the Site and Materials. Materials may also be
changed, modified, added, or removed and updated without notice
at any time; however, XDTI is under no obligation to update
Materials.
XDTI may also make changes in the products, services, programs,
or prices (if any) described in the Site at any time without
notice. Your continued use of the Site after any change XDTI
makes to the Site will be considered acceptance of those
changes.
You should revisit these Terms from time to time to review the
then-current Terms because they are binding on you.
Linking to Site
Anyone linking to XDTI's Site must comply with XDTI's guidelines
for linking to XDTI's Site and all applicable laws.
International Users
The Site is administered by XDTI from its offices in the United
States. Materials published at the Site may refer to products,
programs, or services that are not available in your country.
Consult your XDTI business contact in this regard.
Furthermore, XDTI makes no representation that the Materials at
the Site are appropriate or available for use at other locations
outside of the United States and access to them from territories
where their contents are illegal is prohibited.
You may not use the Site or export information and materials in
violation of the export laws of the United States or any other
country. If you access the Site from a location outside of the
United States, you are responsible for compliance with all
applicable laws.
Governing Law
These Terms shall be governed by the laws of the State of
California, without giving effect to any principles of conflicts
of law. If any provision of this Agreement and Terms shall be
unlawful, void, or for any reason unenforceable then that
provision shall be severable from these Terms and shall not
affect the validity and enforceability of any remaining
provisions.
These Terms constitute the entire agreement between XDTI and you
with respect to your use of the Site. Any cause of action you
may have with respect to your use of the Site must be commenced
within six (6) months after the claim or cause of action arises. |
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