MODIFICATION OF THESE TERMS AND SITE
Xenio reserves the right at its sole discretion, at any time, without notice, to change any terms, conditions and notices under which a Site is offered, including without limitation, these Terms. Such changes will be effective immediately upon posting on the Site. You should periodically refer to these Terms as your continued access to and use of the Site after such changes indicates your acceptance of the Terms as modified.
Xenio reserves the right at its sole discretion, at any time, without notice or liability, to change, update, suspend, limit, and/or discontinue any aspect of the Site and its Content, including without limitation, the availability of any feature and/or database.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you represent and warrant to Xenio and agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, and/or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.
By way of example, and not limitation, you agree that, when visiting or using the Site, you will:
- not post, upload, publish or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive, (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- not attempt to probe, scan or test the vulnerability of any Xenio systems or network or breach any security or authentication;
- not advertise or offer to sell or buy any goods or services for any business purpose unless such is first permitted by an authorized representative of Xenio in writing;
- not conduct or forward surveys, contest, pyramid schemes or chain letters or otherwise send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam or other form of solicitation;
- not harvest or otherwise collect information about others and/or the Site (e.g. e-mail addresses and other visitor’s information);
- not take any action that imposes, or may impose, in the sole determination of the Xenio, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive, including but not limited to “flooding” any group with posts;
- not use any data mining, robots, or similar data gathering or extraction methods in connection with the Site or otherwise avoid, bypass, remove, deactivate, impair descramble or otherwise circumvent any technological measure implemented by Xenio or any of its providers or any other third party (including another user) to protect the Site or any content;
- not impersonate another person or entity or forge any electronic communication or message;
- not attempt to gain access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means;
- not upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, technology, files or programs that impair or disrupt the use of any computer software or hardware or telecommunications equipment;
- not use any meta tags or other hidden text or metadata utilizing a Xenio trademark, logo, URL or product name without Xenio’s prior written consent;
- not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or its content to send altered, deceptive or false source identifying information;
- not impersonate or misrepresent your affiliation with any person or entity;
- comply with all of Xenio’s requirements, procedures, policies regarding visitation and use of the Xenio Web Site and all applicable national, local, and international laws, regulations, rules, orders, and treaties.
Xenio has no obligation to monitor use of its Site. However, Xenio reserves the right to review and remove any materials from the Site from any source in its sole discretion.
Xenio reserves the right to limit or terminate your access to any or all of its web sites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
LINKS TO THIRD PARTY SITES
The Site may contain links to other third party web sites (“Linked Site(s)”). These Linked Sites are provided solely as a convenience to you. The Linked Sites are not under the control of Xenio and Xenio is not responsible or liable for the Content and/or actions of any Linked Site, including, without limitation, the accuracy or availability of any Linked Site, the accuracy or availability of any products and/services offered though any Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. Any inclusion of a Linked Site on a Site does not imply endorsement by Xenio of the Linked Site, its resources, products, services, or its contents or any association with its sponsor or operator. Your access to, or use of any Linked Site is at your sole risk and you will need to make your own independent judgment regarding your interaction with these Linked Sites.
LINKING TO THIS SITE
All links to this Site must be approved in writing by Xenio, except that Xenio consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page of this Site or use other techniques that alter in any way the visual presentation of appearance of any content on this Site; (b) misrepresent your relationship with Xenio; (c) imply that Xenio approves or endorses you, your web site, or your service or product offerings; and (d) present false or misleading impressions about Xenio or otherwise damage the goodwill associated with the Xenio name or trademarks. As a further condition to being permitted to link to this Site, you agree that Xenio may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and cease using any Xenio trademark.
FEEDS AND POSTS
The Site may display feeds from the Company’s social media account, such as its Twitter, LinkedIn, Instagram, YouTube or Facebook accounts, as well as feeds and/or posts from other third parties (including without limitation, bulletin boards, chat rooms, and other user forums), which contain Content that were not generated by Xenio. The person contributing such Content into the feeds and/or posts displayed on the Site is solely responsible for the Content. Xenio reserves the right to monitor, review, and edit or delete such Content, but shall have no obligation to do so. Xenio shall have no liability or obligation whatsoever related to the Content of any user communications on such feeds and/or post, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
PASSWORD AND USER NAME
Access to some content accessible from the Site may be password controlled. By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content), that the user name and password are unique to you and/or your company, and that the information provided is true, accurate, current and complete (and, for as long as you continue to use your account, to update such information to keep it true, accurate, current, and complete). You are solely responsible for maintaining the confidentiality of your user name and password. You acknowledge and agree that you will be liable for losses incurred by Xenio as a result of the misuse of your user name, password or account and that Xenio will not be liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge.
Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by Xenio or the original creator of the Content. Xenio also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content. Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy, distribute, reproduce, modify, display, and/or transmit Content from a Site. Permission to use the Content other than as authorized hereunder must be granted in writing by an authorized representative of Xenio prior to the use.
B. Trademarks and Service Marks:
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of Xenio. These marks may not be used or reproduced in whole or in part in any way without the express permission of Xenio and are subject to Xenio Trademark Use Guidelines
C. Confidential Information.
You may be given access to Xenio confidential information through this Site or links from this Site. You may not disclose Xenio confidential information to any third party without the written consent of Xenio. You must protect Xenio confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Xenio confidential information includes, but is not limited to – all non-public information regarding Xenio, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked as “confidential” or “proprietary” or similarly marked, or any information that, if disclosed, might be competitively detrimental to Xenio. You may enter into separate non-disclosure agreements with Xenio governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
D. Other Intellectual Property Rights:
This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. All rights in the Content not expressly granted herein are reserved and Xenio reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
DOWNLOADING SOFTWARE, DATABASES AND OTHER CONTENT
There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and Xenio cautions you to make sure you completely understand the potential risks before you download Content, such as potential infection of your system by computer viruses. If you download Content from the Site, use of such Content is subject to the terms of the applicable license agreement and these Terms. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any Content, or use thereof for an illegal purpose or except as permitted in the applicable license and these Terms, is expressly prohibited. You are solely responsible for adequate protection and backup of your software, data and equipment used in connection with any Content and assume all risks whatsoever associated with any access and/or use of Content.
PRODUCT AVAIALBILITY; OTHER AGREEMENTS
Products and services referenced on or accessible through this Site may not be announced or available in your jurisdiction. Such references do not imply that Xenio intends to announce or make such products or services available in your jurisdiction. In addition, some Xenio products and services are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflict with these Terms, those additional terms and conditions shall prevail.
Products and services purchased from Xenio are subject to, and governed by, the then-current Xenio Terms and Conditions of Sale. Purchases by Xenio are subject to, and governed by, the then-current Xenio Purchase Order Terms and Conditions.
EMAIL FROM XENIO
Xenio may from time to time send you email. You acknowledge that such emails are sent with your consent and permission. If you do not wish to receive any promotional email from us, you can follow the opt-out direction set forth in such email.
You agree to use the Site and its Content strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE SITE AND ALL CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, XENIO DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. XENIO FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT, OR SERVICES PROVIDED THROUGH THIS SITE, OR THAT THE FUNCTIONS CONTAINED ON THIS WEB SITE, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND XENIO MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. YOU ACKNOWLEDGE THAT YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THIS SITE IS AT YOUR OWN RISK AND THAT XENIO MAY MAKE CHANGES TO THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED ON THIS SITE AT ANY TIME AND WITHOUT NOTICE.
IN NO EVENT SHALL XENIO, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS WEB SITE, ANY LINKED SITE, OR THE CONTENT, PRODUCTS, OR SERVICES, WHETHER CONTAINED OR ACCESSIBLE FROM THIS SITE OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT XENIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY CONTENT. IF FOR ANY REASON THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCE, YOU AGREE THAT XENIO’S TOTAL LIABILTIY FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ONE HUNDRED ($100) U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILTY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMIATIONS OF LIABILITY MAY NOT APPLY TO YOU. TO THE EXTENT THAT BRIGELUX MAY NOT, AS A MATTER OF APPLIABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF XENIO’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to indemnify and hold Xenio, its officers, directors, shareholders, employees, predecessors, successors in interest, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Xenio by any third party due to or arising out of or in connection with your use of the Site, the Content on or accessible from the Site, your breach of any terms or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to Xenio by any means, or from any person’s use of any account or password you maintain with Xenio or this Site, regardless of whether such use is authorized by you.
Content made accessible under these Terms or through this Site may be subject to United States export control laws and regulations. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
VOID WHERE PROHIBITED
This Site is maintained, controlled, operated and administered by Xenio from within the United States of America (“U.S”). Although the Site is accessible worldwide, Xenio makes no representation that the Content on the Site (including without limitation, all features, products, and/or services discussed, referenced, provided, or offered through or on the Site) are appropriate for use and/or available at locations outside of the U.S. Any access to the site from countries where such Content or any other materials are illegal or prohibited and any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws and regulations.
If you have any questions about these Terms, please contact us at:
Attention: Legal Department
435 Pacific Avenue, Suite 350
San Francisco, CA 94133
Last Updated: January 25, 2016