XeteX Website Terms and Conditions
Welcome to the XeteX website. XeteX provides the information, tools, and other material and content on this website to its users under the following terms and conditions:
Your Relationship with XeteX
1.1. Your use of the XeteX, Inc. website (the “website”) is subject to a legal agreement (the “Agreement”) between you and XeteX, Inc. (“XeteX”), whose principal place of business is at 9405 Holly St. NW, Coon Rapids, MN 55433. This document describes the terms of that Agreement.
1.2. This Agreement is separate and independent from any other agreement you may have with XeteX and governs only your use of the website. The terms of the Agreement apply to you regardless of how you access the website.
1.3. The terms of the Agreement include, at a minimum, those described in this document. The Agreement may also include additional terms that will appear in legal notices published on the website. Such additional terms may or may not be sent specifically to you, but will always be accessible by you.
1.4. The terms in this document and any additional terms that apply to you form a legally binding Agreement between you and XeteX. You should read this document thoroughly and print and save a copy for your records.
Your Acceptance of the Terms of this Agreement
2.1. By using this website—other than to read the terms and agreement for the first time—you agree to accept and comply with the terms of this Agreement. You further agree to not ever corrupt, interrupt, or attempt to interrupt the operation of the website.
2.2. You may not use or access the website if you do not accept the Agreement and all of its terms or if you are a person who is for any reason legally prohibited from accepting the Agreement and all of its terms.
2.3. You acknowledge that XeteX may make changes to these terms at any time in the future. Such changes will be reflected in revised copies of this document, which will be at all times accessible by you on the XeteX website. You agree that XeteX may provide you with notice of changes to these terms by posting updated versions of this document on the XeteX website.
2.4. You agree that, after revisions to these terms are posted to the XeteX website, your acceptance of the revised terms will be indicated by your continuing to access and use the website.
Maintenance of the Website
3.1. XeteX strives to continually improve the products and services it offers, including the information it posts on this website.
3.2. XeteX may, therefore, periodically and without notice make changes to the website or add or remove some material on the website. You agree that XeteX may do any of these things at its sole discretion without any prior notice to you.
3.3. You may also stop using the website at any time without prior notice to XeteX.
Your Use of the Website
4.1. XeteX gives you a personal, non-assignable, and non-exclusive license to access and use the website in the manner described in this Agreement for the sole purpose of promoting the sale of products manufactured by XeteX.
4.2. You may not assign or transfer this license, nor may you grant a sub-license or otherwise transfer any of the rights conveyed to you by this Agreement to any other party or entity.
4.3. To the maximum extent allowed by law, you agree to only use the website for the promotion of products manufactured by and sold to you by XeteX. You agree to not use the website for any other purpose or in any way prohibited by law.
4.4. You agree not to share the website or the information they contain and convey with any other person, party, or other entity except in efforts to promote the sale of products manufactured and sold by XeteX.
4.5. You agree not to reproduce, duplicate, copy, sell, trade, or save digital copies of the website for any purpose whatsoever.
Your Access to the Website
If you set up an account with XeteX, you may be required to provide certain information such as your identity and contact information. You agree that any such information provided by you will be truthful, accurate, and current. You also agree that XeteX may use this information for its own internal purposes.
5.2. You agree to be solely responsible for all activity that occurs when you access the website and for ensuring that your use complies with all the terms of the Agreement.
5.3. You acknowledge and agree that XeteX may—at its sole discretion, for any reason, at any time, and without prior notice to you—disable any username and password you may have and either fully or partially deny or restrict your access to the website.
5.4. You agree to not attempt to access any portion of the website through any automated means.
5.5. You agree to secure the confidentiality of your username and password and any other account information you may have. If you become aware of any unauthorized use of your username and password, you agree to immediately notify XeteX of such unauthorized use.
6.1. You acknowledge that, except as specifically stated otherwise in the website, XeteX owns all legal rights, title, and interest in the website and all its content. This includes all intellectual property rights, wherever in the world they may exist and whether registered or not.
6.2. You agree that you may not copy, modify, create a derivative work of any portion of the website. For any software available on the website (including but not limited to locked and protected portions of spreadsheet documents), you agree that you may not attempt to decompile, reverse engineer, or otherwise derive the source code or logical algorithms they contain except as explicitly allowed or required by law.
6.3. You may not in any way distribute or disclose any portion of the website or content in the website that is marked “Confidential.” To the degree that this term contradicts any other term in this Agreement, this term controls.
6.4. You agree that nothing in this agreement gives you any right to use any XeteX trade name, brand name, trademark, logo, domain name, or other distinctive brand features.
6.5. When using the website in the manner allowed by this Agreement, you agree to not remove, alter, or obscure any proprietary rights marks or notices that they may contain.
6.6. You agree that you will not in any case use any trademark, trade name, logo, or other intellectual property in a manner that is intended or likely to cause confusion in the marketplace as to the owner or authorized user of such property.
Third Party Content
7.1. The website may contain portions of, links to, or references to other websites, software, or other material or content created and provided by third parties (“third party content”). XeteX has no control over the accuracy or reliability of any such third party content.
7.2. You agree that XeteX is not responsible for the accuracy, availability, or reliability of any third party content contained in or referenced by the website. Your also acknowledge that XeteX does not endorse any such third party content.
7.3. You agree that XeteX is in no way liable under any theory for any loss or damage that you may incur related to or resulting from third party content or caused by your reliance on the completeness, accuracy, or availability of any third party content.
Terminating this Agreement
8.1. The terms of this agreement will continue as long as the website is available and you continue to use or access it.
8.2. Additionally, either party may terminate the agreement at any time and for any or no reason by notifying the other of its intent to do so. Termination will be effective when such notice is received by the other party. You agree that XeteX may notify you of its election to terminate this Agreement by disabling your access to the website.
8.3. When this Agreement is terminated, all the rights and obligations that you and XeteX have benefited from or been subject to—except your right to access or use the website—will continue unaffected by the termination. The provisions of sections four (4) and six (6) and any and all other terms governing your use and distribution of the website and the intellectual property they contain and rights they involve will continue to apply indefinitely.
WARRANTY AND LIABILITY DISCLAIMER
9.1. NOTHING IN THESE TERMS ESTABLISHES ANY WARRANTY WHATSOEVER. XETEX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS AND IMPLIED, ASSOCIATED WITH THIS AGREEMENT OR WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT XETEX DOES NOT REPRESENT OR WARRANT THAT (1) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF AND ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (3) ANY INFORMATION CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY DEFECTS CONTAINED IN THE WEBSITE WILL BE CORRECTED.
9.3. ASSUMPTION OF RISK: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ANY AND ALL OTHER MATERIAL PROVIDED TO YOU BY THIS AGREEMENT IS AT YOUR SOLE RISK AND THAT ALL SUCH INFORMATION IS PROVIDED “AS IS.” YOU ALSO EXPRESSLY AGREE NOT TO RELY ON THE WEBSITE OR THE INFORMATION IT CONTAINS. YOU DOWNLOAD OR OTHERWISE ACCESS INFORMATION ON THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS.
9.4. YOU EXPRESSLY UNDERSTAND AND AGREE THAT XETEX, ITS SUBSIDIARIES AND AFFILIATES, LICENSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR YOUR USE OF OR ACCESS TO THE WEBSITE. YOU AGREE TO HOLD XETEX HARMLESS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, EXEMPLARY, AND ANY AND ALL OTHER TYPES OF DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF OR ACCESS TO THE WEBSITE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES BUT IS NOT LIMITED TO: LOSS OF PROFIT OR BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY OTHER INTANGIBLE LOSS; AND ANY LOSS OR DAMAGE CAUSED BY:
9.4.1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE WEBSITE,
9.4.2. OBSOLESCENCE OR DELETION OF PORTIONS OF THE WEBSITE,
9.4.3. CHANGES XETEX MAKES IN PORTIONS OF THE WEBSITE,
9.4.4. INTERRUPTIONS IN YOUR ABILITY TO ACCESS PORTIONS OF THE WEBSITE,
9.4.5. CORRUPTION OF OR FAILURE TO SAVE ANY INFORMATION FROM THE WEBSITE, AND
9.4.6. FAILURE TO KEEP YOUR USERNAME OR PASSWORD SECURE.
- These terms and any revisions to them posted on the XeteX website constitute the entire legal agreement between you and XeteX regarding your access to and use of the website. Any prior agreements between you and XeteX regarding the website are cancelled and entirely replaced by this Agreement.
- You agree that, if XeteX chooses not to enforce any portion of these terms by not exercising any right or remedy that it has under them, such inaction will not constitute a waiver of those rights or remedies and that those rights and remedies will continue to be available to XeteX.
- If any court of competent jurisdiction holds any portion of these terms to be invalid, illegal, in conflict with the law, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions and terms shall not in any way be affected or impaired.
- The headings used in this document are for the convenience of the parties and shall in no way affect its construction or interpretation.
These terms shall be governed by the laws of the State of Minnesota. You and XeteX agree that exclusive jurisdiction over all actions and proceedings related to or arising out of this Agreement shall be in the courts of the State of Minnesota and Venue shall lie in Anoka County.