TERMS OF USE
We have
taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know if you’d
like to see improvements or changes that would make it even
easier for you to find the information you need and
want.
All we ask
is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by
using our site you automatically agree to them. Naturally, if
you don’t agree, please do not use the site. We reserve the
right to make any modifications that we deem necessary at any
time. Please continue to check these terms to see what those
changes may be! Your continued use of the xSitePro2 Made
Easy.com Web site means that you accept those
changes.
THANKS
AGAIN FOR VISITING!
Restrictions on Use of Our Online
Materials
All Online
Materials on the xSitePro2 Made Easy.com site, including,
without limitation, text, software, names, logos, trademarks,
service marks, trade names, images, photos, illustrations,
audio clips, video clips, and music are copyrighted
intellectual property. All usage rights are owned and
controlled by xSitePro2 Made Easy.com. You, the visitor, may
download Online Materials for non-commercial, personal use only
provided you 1) retain all copyright, trademark and propriety
notices, 2) you make no modifications to the materials, 3) you
do not use the materials in a manner that suggests an
association with any of our products, services, events or
brands, and 4) you do not download quantities of materials to a
database, server, or personal computer for reuse for commercial
purposes. You may not, however, copy, reproduce, republish,
upload, post, transmit or distribute Online Materials in any
way or for any other purpose unless you get our written
permission first. Neither may you add, delete, distort or
misrepresent any content on the xSitePro2 Made Easy.com site.
Any attempts to modify any Online Material, or to defeat or
circumvent our security features is
prohibited.
Everything
you download, any software, plus all files, all images
incorporated in or generated by the software, and all data
accompanying it, is considered licensed to you by xSitePro2
Made Easy.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete
title to the software and to all of the associated
intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that
people can use.
Submitting
Your Online Material to Us
All
remarks, suggestions, ideas, graphics, comments, or other
information that you send to xSitePro2 Made Easy.com through
our site (other than information we promise to protect under
our privacy policy becomes and remains our property, even if
this agreement is later terminated.
That means
that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If
we use them, or anything like them, we don’t have to pay you or
anyone else for them. We will have the exclusive ownership of
all present and future rights to submissions of any kind. We
can use them for any purpose we deem appropriate to our
xSitePro2 Made Easy.com mission, without compensating you or
anyone else for them.
You
acknowledge that you are responsible for any submission you
make. This means that you (and not we) have full responsibility
for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation
of Liability
xSitePro2
Made Easy.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS
SITE.
THESE
INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
USE OF (OR
INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY
SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN
THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF
OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR
TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE
FAILURE
PLEASE NOTE THAT WE ARE NOT
LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE
SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO
RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND
EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN
LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE
BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION:
CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF
YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT
TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN
ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES
ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE
CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE
CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR
SITE.
Links to
Other Site
We
sometimes provide referrals to and links to other World Wide
Web sites from our site. Such a link should not be seen as an
endorsement, approval or agreement with any information or
resources offered at sites you can access through our site. If
in doubt, always check the Uniform Resource Locator (URL)
address provided in your WWW browser to see if you are still in
a xSitePro2 Made Easy.com-operated site or have moved to
another site. xSitePro2 Made Easy.com is not responsible for
the content or practices of third party sites that may be
linked to our site. When xSitePro2 Made Easy.com provides links
or references to other Web sites, no inference or assumption
should be made and no representation should be inferred that
xSitePro2 Made Easy.com is connected with, operates or controls
these Web sites. Any approved link must not represent in any
way, either explicitly or by implication, that you have
received the endorsement, sponsorship or support of any
xSitePro2 Made Easy.com site or endorsement, sponsorship or
support of xSitePro2 Made Easy.com, including its respective
employees, agents or directors.
Termination
of This Agreement
This
agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all
materials obtained from all xSitePro2 Made Easy.com Web site,
along with all related documentation and all copies and
installations. xSitePro2 Made Easy.com may terminate this
agreement at any time and without notice to you, if, in its
sole judgment, you breach any term or condition of this
agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Web site, we do not in
any way promise that the materials will remain available to
you. And xSitePro2 Made Easy.com is entitled to terminate all
or any part of any of its Web site without notice to
you.
Jurisdiction and Other Points to
Consider
If you use
our site from locations outside of the U.K., you are
responsible for compliance with any applicable local
laws.
These Terms
of Use shall be governed by, construed and enforced in
accordance with the laws of Northern Ireland. Any action you,
any third party or we, bring to enforce these Terms, or in
connection with any matters related to this Web Site, shall be
brought only in the courts of Northern Ireland and you
expressly consent to the jurisdiction of said
courts.
To the
extent you have in any manner violated or threatened to violate
xSitePro2 Made Easy.com and/or its affiliates' intellectual
property rights, xSitePro2 Made Easy.com and/or its affiliates
may seek injunctive or other appropriate relief in any state or
federal court in the U.K., and you consent to exclusive
jurisdiction and venue in such courts.
Any other
disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in
the following location: Northern Ireland. Any costs and fees
other than attorney fees associated with the mediation will be
shared equally by each of us.
If it
proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Northern Ireland.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do
so.
xSitePro2
Made Easy.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and
without notice to you. This is the ENTIRE agreement regarding
all the matters that have been discussed.
The
application of the United Nations Convention on Contracts for
the International Sale of Goods, as amended, is expressly
excluded.
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