Agreement for information and use of the website
Effective3rdapril 2017
IMPORTANT! THESE TERMS AND CONDITIONS ARE A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
- AGREEMENT;ADDITIONAL REQUIREMENTS; PRIVACY
This Agreement governs your use of www.xytex.com and any other website or page offered by Xytex and its subsidiaries and affiliates that links to this Agreement (collectively, including all content, communications, tools, features, functionality and related services, the "Property"). This Agreement is made by and between Xytex and its subsidiaries and affiliates (referred to as "Xytex", "we", "us" or "our") and you, on your own behalf, as an individual or the organization on whose behalf you are registered (in both cases, "you"). If you access the Website in your capacity as an employee, owner or on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity. to the terms of this Agreement and by accepting this Agreement and/or the Website, the services offered on or by the Website, you will be deemed to have accepted this Agreement or use, display, transmit, cache, store and/or exploit the website in any way, any features and/or the content of the website. For the sake of clarity, by such access and use, you agree to all of the terms set forth below and waive any right to claim any ambiguity or error in this Agreement. If you do not agree with any part of this Agreement, please stop using the Website immediately. We reserve the right, in our sole and absolute discretion, to change, modify, add, or remove portions of this Agreement at any time without notice and, unless otherwise indicated, such changes will be effective immediately upon posting. of an updated version of this Agreement. will go online; Therefore, please review this Agreement periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement for your records, as it may be changed from time to time.
Certain products and services we offer are subject to both this Agreement and additional terms specific to that product or service ("Additional Terms"). The terms of this Agreement and any applicable Additional Terms are collectively the "Terms of Service." In the event of a conflict between this Agreement and the Additional Terms, those Additional Terms will control with respect to your use of the product or service to which they only apply.
Please read our Privacy Policy in conjunction with this Agreement before submitting any personal information to us. The Privacy Policy is hereby incorporated into and made a part of this Agreement.
- USER AUTHORIZATION; YOUR ACCOUNT
The Website is only available to individuals and legal entities that can form legally binding contracts under applicable law. Notwithstanding the foregoing, the Website and the services offered by the Website are not available to persons under 18 years of age or the age of majority in their country of residence if they are over 18 years of age. If, due to your age or any other reason, you leave and do not use the Website.
In consideration of your use of the Website, you represent, warrant and undertake to us that:
- If you access the Site in your capacity as an employee, owner, or representative of another person or entity, you agree to be bound by the Terms of Service on your own behalf and on behalf of that person or entity.
- You are at least 18 years of age, or the age of majority in your state of residence if you are over 18, competent to enter into contracts, and have the necessary skill and authority to enter into and perform your obligations under the Service. with the Terms (including on behalf of that person or entity, if applicable), and you are not a person who is prohibited from using the Site to obtain products and services from us under the laws of the United States or any other applicable jurisdiction receive .
- You will comply with all applicable laws, rules and regulations of all applicable jurisdictions in connection with your use of the Website and our products and services.
- The Website and the materials on or through the Website are provided by us for informational purposes only, with the understanding that we are not engaged in rendering health, medical, genetic, legal or other professional advice or services on the basis of employment. providing such materials. The information contained on or through the Website is based on sources believed to be accurate and reliable. However, we make no representation or warranty as to its accuracy, suitability, completeness, or fitness for any particular purpose. You should consult your own professional advisers, including a physician or other health care professional, for medical, genetic or health advice and an attorney or other appropriate professional regarding the terms of this Agreement and/or compliance with any requirements legal.
- In order to access certain features of the Website, you may be required to register by providing certain contact and profile information. If you are a registered user, you are solely responsible for maintaining the confidentiality of your account information, including your password, and you accept responsibility for all activities that occur on or through your account. You agree to (a) notify us immediately of any unauthorized use of your account or password, or any other breach of security, and (b) ensure that you exit or log out of your account at the end of each session. It is your sole responsibility to control access to and use of your account and to notify us if you wish to cancel your account. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to reject accounts and terminate accounts at our sole discretion.
third RESTRICTIONS OF USE
You acknowledge and agree that the features, tools, functionality, applications, materials, data and other information, content (including the selection and arrangement thereof), services and software (including all text, logos, photographs, graphics, images, video, audio files, illustrations, software, HTML, source and object code, algorithms, business logic, modules, programs, links, and other materials), product names, logos, designs, service marks, trademarks, trade dress, titles and specific words or phrases, in each case displayed, transmitted or accessed or used on, within or in connection with the Website (all of the foregoing, collectively, the "Service Content") are intellectual property protected by copyright, trademark copyright or other proprietary rights of Xytex or its licensors, suppliers or other agents whose rights may or may not be registered in certain jurisdictions. You acknowledge and agree that Xytex and its licensors, suppliers or other agents reserve and retain for themselves and third parties, as the case may be, all intellectual property and other proprietary rights of any kind relating to the Website and use of the Website. website service content or Service Content shall not acquire any interest therein. You also agree to abide by any additional copyright notices, information or restrictions contained in Service Content available on or accessible through the Service.
You may not copy, reproduce, republish, upload, post, transmit, or distribute in any way any content on the Service or material from any other website owned, operated, licensed, or controlled by us without our prior written permission. For the purposes of this Agreement, the use of such materials on any other website, Internet, intranet, extranet or other site or computer environment is prohibited. You may not frame or use any framing technique to enclose any of our marks, logos, or other proprietary information (including any images, text, page layout, or form) without our express prior written consent. You may not use any meta tags or other hidden text using our name, trademarks, or other proprietary information without our prior express written consent.
Unless otherwise noted, all names, logos, trademarks, service marks, trade dress, and trade names on the Site are the property of Xytex. We view our trademarks as valuable assets and take infringement very seriously. Below is a list of the trademarks used on this website that are owned by Xytex:
Xytex, Patriarch, Super Sperm, PhotoFile, BabyFile, AudioFile, VideoFile, XTS, xyGene, xyConnects y Ovations.
In the event that you are authorized to download software from the Website, the Software, including all files, images incorporated in or generated by the Software, and data accompanying the Software (collectively, the "Software"), you hereby We grant you a revocable license, without the right to sublicense, to use the Software to the limited extent necessary to use the Website and our Services. We do not transfer ownership of the Software to you. You own the media on which the Software is recorded, but we (or third party licensors) retain full and complete ownership of the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or reduce the Software to a human-readable form.
You must not: (a) collect email addresses or other personal information, unsolicited email, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping or any other activity for the purpose of obtaining user lists or other non-public information through the Website, or attempting to gain unauthorized access to any part of the Website or any computer system, network or platform linked to the Website. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You are not permitted to obtain or attempt to obtain any materials or information by any means not intentionally made available or contemplated through the Website.
- PRESENTATIONS
We like to listen to our users and welcome your feedback about the Site and the products and services offered in connection with the Site. Unfortunately, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials that we have not expressly requested. We employ collaborators and consultants who may be working on the same or similar ideas. We hope you understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants may appear to others to be similar to your own creative work. Please do not send us unsolicited original creative materials of any kind. While we value your feedback regarding your experience using the Site and the services and products offered in connection with the Site, we encourage you to be specific in your feedback and not submit creative ideas, suggestions, or materials (unless we specifically request it). . .
If you submit certain specific Submissions at our request, or despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed and remain our property. None of the Submissions will be subject to any obligation of confidentiality on our part and we will not be liable for any use or disclosure of any Submission. Without limiting the foregoing, we are the exclusive owner of all now known and future rights to the Submissions of any kind and form throughout the world and are entitled to use the Submissions for any purpose, commercial or otherwise, without compensation or notice. or authorization from the Shipping provider. Xytex does not waive any rights you may have in ideas previously known to or developed by its employees and agents or obtained from sources other than you that are similar to or related to any Submission.
- FORUMS AND PUBLIC COMMUNICATIONS
"Forum" means a chat area, message board or any interactive function or feature offered as part of the Website. If you participate in any forum on the Website, you must not: (i) defame, abuse, harass or threaten others; (ii) make bigoted, hateful or racially offensive statements; (iii) advocate illegal activities or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes, misappropriates and/or violates the rights of any third party or any law; (v) post or disseminate vulgar, obscene, rude or indecent language or images; (vi) advertise, sell or recruit others; (vii) use the Forum for any commercial purpose, except to facilitate a transaction on the Website; (viii) post or distribute any software or other material that contains a virus or other harmful component; (ix) post material or make statements that are generally unrelated to the designated topic or topic of any forum; or (x) submit content that negatively impacts the Site or the brand and goodwill of Xytex or is, in Xytex's sole discretion, otherwise objectionable. You also may not submit any content to any forum that promotes or links to other websites for their commercial gain, contains viruses, corrupted data or other harmful, disruptive or destructive files, or causes harm to the website or its users. You remain solely responsible for the content of your messages and you will indemnify and hold the Released Parties harmless (as described in Section VIII below) for the content of such messages. We reserve the right to remove or edit any content on any forum at any time for any reason. While we may review content posted on or through a forum, we are not required to do so.
By uploading any material or posting any content in a forum or submitting any material to us, you represent and warrant (1) that such material or content is yours, no other party has any rights in it, and you comply with this Agreement, and (2) grant us automatically a perpetual, royalty-free, irrevocable, non-exclusive, fully transferable, assignable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, publicly perform, and display, any derivative works thereof Create and distribute Materials or incorporate such Materials or Content, including all data, images, creative works, sounds, text, and other things contained therein, in any form, media, or technology now known or hereafter developed in the world. In addition, you waive any right to indemnification, attribution or other "moral rights" in such materials and content.
When participating in a forum, proceed with caution and never assume that people are who they say they are, know what they say they know, or are affiliated with those they are connected to in a chat room, message board, or other area of user-generated content. user. In the event that you connect with us off the site through third party social networking or sharing platforms such as Facebook®, Twitter Inc., your use of that platform will be governed by that platform's separate terms and conditions.
- CONTENT LINKED TO THE SITE
Links to other websites that we think may be of interest to you are provided as a convenience. By providing these links, we do not endorse, sponsor, or endorse such websites or the materials, content, or services they distribute ("Third Party Content"), and we are not responsible for any Third Party Content. We reserve the right to disable links from third party websites to the Website. We make no representations regarding any third-party content linked from the Site and are not responsible for the accuracy, relevance, copyright compliance, legality, or decency of any third-party content. We also do not have control over the privacy practices of third party websites. We recommend that you read the privacy policies and terms of use of any website you access from this website.
DISCLAIMER OF WARRANTIES
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. THE INFORMATION RELATED TO OR FROM SUCH USE IS PUBLIC OR PROPERTY OF THOSE WHO COLLECT THE INFORMATION AND NOT PERSONAL OR PRIVATE INFORMATION. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT, SERVICES AND MATERIALS ACCESSIBLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE MAKE NO REPRESENTATIONS, WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF OUR SERVICES, CONTENT OR MATERIALS ACCESSIBLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO IT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, FITNESS, SUITABILITY. , COMPLETENESS, AVAILABILITY, COMPATIBILITY OR BUSINESS OR PERFORMANCE HISTORY. WE DO NOT WARRANT THAT THE SITE OR ANY SERVICES, CONTENT, MATERIALS OR FEATURES ACCESSIBLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT OR MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ACCURATE OR COMPLETE. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AS A RESULT OF YOUR USE OF THE SITE AND OUR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event that we are liable for any damages in connection with such matter, your sole and exclusive remedy shall be reimbursement of actual out-of-pocket expenses for the services or products you paid to us. You hereby waive any right, claim, or cause of action relating to such matter in any forum after one (1) year after the first occurrence of the type of act, event, condition, or omission giving rise to the claim or cause of action. of action. .
The Indemnified Parties (as described in Part VIII below) shall not be responsible for any telephone, electrical, electronic, network, Internet, computer, hardware or software malfunction, failure, delay or difficulty, or any delay, loss, theft, illegible, postal mail, email, incomplete, mutilated, misdirected, distorted or prepaid form entries, links, messages or entries, or the security of any such matter.
In addition, these Released Parties are not responsible for any incorrect or inaccurate information entered, whether caused by Internet users or by any device or program connected to or used on the website, or by any technical or human error that may occur in the information processing. related to the website.
We may prohibit you from participating in or using the Website if, in our sole and absolute discretion, you fail to comply with the terms of this Agreement or act with the intent to annoy, abuse, threaten or harass other users, or in any other disruptive manner. We also reserve the right, in our sole and absolute discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.
We reserve the right to suspend or terminate access to all or part of the Website at any time and for any reason, including infection by computer virus, error, tampering, unauthorized intervention, fraud, technical failure, or any other cause outside of our reasonable control Xytex without notice.
You also agree that the Released Parties (described below in Part VIII) shall not be liable in any way for any injury, loss, or damage to your computer or the interception or use of any credit card or payment information related to or results from the use of the website or any website, service or material linked or related to it shall in no way be liable for any injury, loss, claim or damage related to or resulting from any part of the website, operating or not operating in computers or networks used by you or communicate with such computers or networks.
Although we intend that the product descriptions contained on the website are current and accurate, we do not warrant or represent that the product descriptions on the website are accurate, complete, current or reliable in any or all respects.
WE DO NOT GUARANTEE THE CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY SITE LINKED TO THE SITE. WE ASSUME NO RESPONSIBILITY FOR THE PRIVACY OF ANY INFORMATION, EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, HARD DRIVE SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE SECRET INFORMATION OR ANY OTHER CONTENT TRANSMITTED OVER THE NETWORKS WHICH ARE ACCESSED OR OTHERWISE USED BY THIS SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION GIVEN BY US OR ANY OF THE INDEMNITIZED PARTIES (DESCRIBED IN PART VIII BELOW) SHALL CREATE ANY WARRANTY OF ANY KIND, AND USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. Neither we nor any of the Released Parties shall have any liability arising from your reliance on the information provided on the website.
Search and directory are free services that may be offered in connection with the Website. Because online content is constantly changing, no single search engine technology can have all the data accessible at any given time. Therefore, we expressly disclaim any responsibility for the content or availability of information contained in any search indexes or directories offered in connection with the Website.
The Website may contain technical inaccuracies or typographical errors or omissions. Xytex is not responsible for typographical, photographic, or technical errors on our website. Xytex reserves the right to make changes, corrections and/or improvements to the website and the products and programs described in this information at any time and without notice.
VIII. DAMAGE
You are solely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You indemnify, defend and hold us (including our subsidiaries and affiliates), our suppliers and licensors and all officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees and beneficiaries of such person or entity and Employees (collectively, the "Indemnified Parties") from and against any claim, demand, demand, liability, damage, fine, penalty or expense of any kind (including reasonable attorney's and expert fees and court costs) and if arising out of death or personal injury to any person or Loss or damage to property or others ("Claims") arising out of or in any way related to this Agreement, the services or products we provide to you through the Site website, or any related act or omission by you and whether caused or caused by the negligence of Xytex or any agent or employee of the Released Parties or any of them (except to the extent prohibited by applicable law) or claims arising out of your account, including, without limitation, to any claim related to your infringement of any intellectual property rights of any person, including, without limitation, copyrights, patents, trade secrets, trademarks, artist rights, rights morals, privacy, publicity or rights under any other law protecting intellectual property. In the event of any claim, action or proceeding brought against or by the Released Parties arising out of or in connection with this Agreement, any Released Party may, at its own expense, give you reasonable notice to defend such claim. or undertake the defense of such claim or proceeding and retain counsel for such purpose, such counsel is subject to the prior written consent of such Released Party, whose consent is hereby deemed given in the event such counsel is acting for its companies insurance company and participate in such resistance or defense. You will cooperate with us in the defense of claims. We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COVERAGE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONFIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES OR FEATURES OF THE SITE. SITE, OR RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SITE, OR YOUR RELIANCE ON THE SITE, OR THE SERVICES, CONTENT OR MATERIALS, OR FEATURES OF THE SITE, DELIVERY OR FAILURE TO PROVIDE ANY SERVICE OR INFORMATION, OR ANY DAMAGES RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ANY LIABILITY (INCLUDING NEGLIGENCE). FURTHER, WE ARE UNDER AN OBLIGATION TO UPDATE THE SITE OR ITS CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE ACCESS IF YOU USE THE SITE OR ANYONE IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE CONNECTED OR RELATED TO YOUR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THESE TERMS.
- RELEASE
BY USING THE WEBSITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNITIZED PARTIES WILL BE REPRESENTED, INDEMNIFIED, AND SHALL NOT BE LIABLE FOR ANY LIABILITY WITH RESPECT TO ANY ASPECT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ILLNESS, LOSS, LITIGATION). PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND PUBLIC RIGHTS CLAIMS, DEFAMATION OR INFRINGEMENT OF PRIVACY, REASONABLE LEGAL FEES AND COURT COSTS) THAT MAY RESULT FROM THE USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY INFORMATION, SERVICES OR PRODUCTS RELATED TO OR PURCHASED THEREOF. WE RESERVE THE RIGHT, AT ANY TIME, WITHOUT LIABILITY, TO RESTRICT OR DENY ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS, AND FEATURES. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING BUT NOT LIMITED TO LEGAL FEES, IN CONNECTION WITH ANY FRAUDULENT OR ILLEGAL ACTIVITY IN CONNECTION WITH YOUR USE OF THE SITE.
- JURISDICTIONALL QUESTIONS
We make no representation that any service or product offered on the Website is appropriate or available for use in any particular location. Those who choose to access the Site and our products and services soon do so on their own initiative and are responsible for compliance with local laws in their jurisdiction. If your use of the Website and/or viewing or use of any materials or content on the Website or use of our products or services violates any applicable law in your jurisdiction, you are not authorized to view or access the Website, products and / or the use of services. and you should stop using it immediately. Your viewing and/or use of the Website constitutes your representation that you have the unconditional and unrestricted right to view and use the Website and that the Released Parties may rely on such representation. The Site is operated from the United States and some software on the Site may be subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported to any person or location in violation of the export laws of the United States or any other jurisdiction. By downloading or using the Software, you represent and warrant that you are not located in a restricted location or person or under the control of any restricted person.
XII. TERMINATION
This Agreement, as amended, will remain in effect during any period in which you access the Website, our products or services. Your access to the Website may be terminated immediately without notice from us if, in our sole and absolute discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must stop using the Website and destroy all materials obtained from this Website and all copies thereof, whether made under the terms of this Agreement or otherwise. All rights and obligations which, by their nature, are intended to survive termination of your use of the Website and/or termination of this Agreement to be fully effective shall survive termination, including, without limitation, the following provisions : Agreement; Additional requirements; Privacy (Part I), User Authorization; Your Account (Part II); Use Restrictions (Part III); presentations (Part IV); Forums and Public Communications, penultimate paragraph (Part V); Disclaimers (Part VII); Compensation (Part VIII); Limitation of Liability (Part IX); Release (Part X); Termination (this Part XII); General Provisions (Title XIII); and Notices and Procedures for Filing Claims of Copyright Infringement (Part XV).
XIII. GENERAL PROVISIONS
You must comply with all applicable laws, statutes, ordinances and regulations relating to your use of the Site and your solicitation of offers to buy and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without invoking its principles of conflicts of law. You agree that (1) any legal or equitable action arising out of or related to the terms of this Agreement, our products, or services will be resolved on an individual basis, without resort to any form of class action, and will be brought only in the state or government federal. the courts shall be located in Richmond County, Georgia, USA, and you agree and submit to the personal jurisdiction of such courts for the purpose of litigating such claims, and (2) all claims, lawsuits, and arbitration awards will be limited to your actual expenses, but no attorneys' fees will be paid, and under no circumstances will you be entitled to compensation, and you hereby waive all rights to seek indirect, punitive, incidental, consequential, and all other damages, except for actual out-of-pocket damages, and all rights to have the damage multiplied or increased. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter of this Agreement and may not be modified except as otherwise provided in this Agreement. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in one or more instances, shall operate or constitute a waiver of any other term, provision or condition of this Agreement, whether similar or not. , nor shall any such waiver constitute a continuing waiver of any such terms, provisions or conditions of this Agreement. No waiver will be binding unless the party making the waiver executes it in writing. You agree that you will execute and, if necessary, transmit to us in recordable form any other document, deed or agreement and take any other action necessary or reasonable to carry out the purposes of this Agreement.
XIV PROVISIONS ON THE DIGITAL SIGNATURE
You further agree that your clicking to accept the Terms of Service on the Site constitutes a valid, legal, and binding electronic signature and that you have formed, executed, entered, accepted, and acknowledged the Terms and accepted the applicable Terms.
- NOTICE AND PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
Under the US Digital Millennium Copyright Act, notifications of claimed copyright infringement must be sent to our Designated Agent. The notification must be sent to the following Designated Agent:
- Name of Agent Designated to Receive Notice of Claimed Infringement: Copyright Agent
- Full address of Designated Agent to whom notification should be sent: 1100 Emmett Street, Augusta GA 30904 USA.
- Email address of designated representative: info@xytex.com
To be effective, the notice must be a written notice, which you may send to us by postal mail or email as specified above, containing the following:
- A complete and complete identification of the copyrighted work that you claim has been infringed.
- A unique identification of the material that you claim is infringing the copyrighted work, the website on which the material is posted, and information that allows us to locate that material on the website, such as B. A link to the infringing material.
- Your name, address, email, and phone number.
- Include the following statement, signed by you: "I have a good faith belief that the material claimed to be infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is claimed to have been infringed or that I am authorized to act on the owner's behalf ".
- The notification must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.