Responsibility. You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (the “End User Content”) that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Web Site. We do not control or necessarily screen or monitor the End User Content posted on the Web Site and, as such, we do not guarantee the accuracy, integrity, or quality of such End User Content. We reserve the right, in Our sole and absolute discretion, to edit, delete, or record any End User Content appearing on the Web Site. You understand that entering or using the Web Site may expose you to End User Content that is offensive, indecent, or objectionable to you.
Prohibited Acts. In connection with your access to, and/or use of, the Web Site, you agree not to:
Upload, post, email, or otherwise transmit any material that contains “trojan horses,” “worms,” software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Use any automated means, including, but not limited to, electronic “spiders,” “robots,” or “crawlers,” to download data from any of Our databases;
Sell or otherwise distribute any data obtained from any of Our databases or from Our Web Site; or
Incorporate data from any of Our databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without Our prior, express, and written consent.
Intellectual Property Rights
Trademarks. XM Tek, Xnuiem Technologies, Xnuiem, and PHPX are Our trademarks and registered trademarks. Other products or company names mentioned on the Web Site may be trademarks of their respective owners. No claim is made to the exclusive right to use “TECH” apart from the mark as shown.
Limited Right to Use. We grant you a limited, nonexclusive, non-transferable license to view, print, download, and use the Web Site and Our Content solely for your internal business purposes. You may not reproduce, republish, distribute, assign, sub-license, sell, or prepare derivative works of the Web Site or Our Content. All rights in and to the Web Site and Our Content not expressly granted in this paragraph remain in Us and Our licensors.
You shall indemnify, defend, and hold Us and Our owners, directors, officers, partners, employees, agents, information providers, suppliers, attorneys, and affiliates (collectively, “Our Affiliated Parties”) harmless from any liability, loss, claim, or expense, including, but not limited to, reasonable attorney’s fees, related to your (a) failure to comply with any of these Terms and Conditions or (b) use of the Web Site. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms and Conditions or the Web Site.
THE INFORMATION AND SERVICES PROVIDED THROUGH THE WEB SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEB SITE OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICES FROM OR REGARDING THE WEB SITE OR YOUR PURCHASES FROM US.
Limitation of Liability
OUR AFFILIATED PARTIES AND WE SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATED TO THE WEB SITE. OUR AFFILIATED PARTIES AND WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY, TOGETHER WITH OUR AFFILIATED PARTIES, EXCEED $100.00.
The Web Site may contain links to other web sites. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and We do not investigate, monitor, or check such web sites for accuracy or completeness. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by Us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk. You may only make available links on other web sites to the Web Site if such links connect directly to Our home page located at http://www.xmtek.net. You may deep-link (that is, link to other pages within the Web Site) only with Our prior, express, and written consent.
Information We Collect
Throughout the Web Site, you may voluntarily submit information that personally identifies you (the “Personally Identifiable Information”). For example, We may ask you to voluntarily submit Personally Identifiable Information, if you request information regarding Our products and services, or request access to certain parts of the Web Site. Personally Identifiable Information includes, but is not limited to, your (a) name, (b) company’s name, (c) department, (d) physical address, (e) phone number, (f) fax number, (g) e-mail address, (h) engine type and value, (i) billing information, (j) status of service requests, (k) viewing preferences, and (l) product interests and comments.
To help Us tailor the Web Site to the needs and interests of Our visitors, We may collect various types of information from you that do not identify you personally (the “Non-Personally Identifiable Information”). For example, when you visit the Web Site, Our server, through the use of tracking devices, may collect Non-Personally Identifiable Information pertaining to you, including your IP address, the length of time you spend on the Web Site, which pages you visited within Our Web Site, which site you visited before coming to Ours, and which site you accessed when you left the Web Site.
What We Do With the Information We Collect
We aggregate the Non-Personally Identifiable Information with information collected from other visitors of the Web Site to track overall visitor traffic patterns. This aggregated information allows Us to develop statistics that are helpful to understanding how Our visitors use the Web Site. We use this aggregated information to monitor, maintain, and improve the functionality of the Web Site, making it more responsive to the needs of Our visitors. We may also use the Non-Personally Identifiable Information for historical, statistical, scientific, or other purposes. We reserve the right to use, sell, and assign for any and all purposes all Non-Personally Identifiable Information; and you authorize Us to use, sell, and assign, for any and all purposes, all Non-Personally Identifiable Information.
We reserve the right to place a text file called a “cookie” (or a piece of information transferred to your hard disk for record keeping purposes) in the browser files of your computer. The cookie itself does not contain information that would personally identify you, although it could enable Us to relate your use of the Web Site to information that you have specifically and knowingly provided to the Web Site.
Unsubscribing and Opting-Out
If you have opted-in to receive status updates regarding a product or service you have purchased or requested from Us, you may opt-out, at any time, from receiving any such status update by selecting the appropriate option on the informational page for such product or service located on the Web Site.
We will maintain procedures consistent with applicable law for you to gain access to your Personally Identifiable Information and, when appropriate, correct, change, or delete any such Personally Identifiable Information.
We do not intend to collect any Personally Identifiable Information from children through the Web Site. Please do not allow children under the age of 13 to provide any Personally Identifiable Information, ask questions, or submit information via the Web Site. If We determine that a child under 13 has provided Personally Identifiable Information, We will delete that Personally Identifiable Information as soon as practicable. If you become aware that a child under 13 has provided Personally Identifiable Information, please contact us at firstname.lastname@example.org.