Xucia Terms of Service for Your Personal Use

Last Revised March 27, 2006

 

By accessing or using Xucia's Authenteo ^SM   real-time web editing service or other Xucia Incorporated services ("Xucia Services"), you acknowledge that you have read, understand, and agree to be bound by the following terms and conditions (the "Terms of Service"). As used in this agreement, "Xucia Services" does not include other Xucia software, goods or services unrelated to Authenteo ^SM .   Any use of the Xucia Services not in accordance with the Terms of Service is expressly prohibited.

 

Use of Authenteo ^SM Beta Version

If you are using the Xucia Authenteo ^SM beta version, please note that the Link to Beta Agreement terms apply.   You agree not to reverse engineer, decompile, or disassemble the Authenteo ^sm software, goods or services as this application and associated service offerings are the property of Xucia and its licensors.  

 

 

Use on the Xucia Site

Your use of the Xucia Services is limited to this site.   The services Xucia offers are for your own non-exclusive personal use.    You are solely responsible for activities related to your use of the Xucia Services.   Xucia has limited control over how you use the Xucia Services, but requires you to comply with this agreement.  

 

Personal Use Only

The Xucia Services are made available for your personal, non-commercial use only. You may not use the Xucia Services to sell a product or service, or offer services to develop or monitor the websites of others for commercial purposes. You may not take the results from Xucia Authenteo ^SM and reformat and display them, frame, or mirror the Xucia home page or results pages on your Web site. If you want to make commercial use of the Xucia Services, you must enter into a seperate agreement with Xucia to do so in advance. Please contact us for more information.

 

Privacy Policy

Click here to review the Xucia Privacy Policy .  

 

Changes To Terms and Conditions and Xucia Service

We may modify or terminate our services at any time and for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service without notice. Any changes to these Terms of Service will be effective immediately upon posting of such changes.   Please review these Terms of Service from time to time so that you will be apprised of any changes.

 

Intellectual Property Policy

The Xucia site contains copyrighted material, trademarks and other intellectual property which is owned by Xucia and protected by all applicable laws.  

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. This Act prevents disabling any device, software, or other work.  

 

Disclaimer of Warranties

Xucia disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, quality or operability or availability of information or material displayed in the XUCIA SERVICES. Xucia disclaims any responsibility for the deletion, failure to store, data loss, data corruption, content loss, content corruption, misdelivery, or untimely delivery of any information or material. Xucia disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the XUCIA SERVICES.

 

THE XUCIA SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE XUCIA SERVICES ARE PROVIDED "AS IS" AND ?WHERE IS,? WITH NO WARRANTIES WHATSOEVER. XUCIA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. XUCIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE XUCIA SERVICES. XUCIA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE XUCIA SERVICES.

 

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE XUCIA SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

Limitation of Liability

USER EXPRESSLY AGREES THAT USE OF XUCIA SERVICES IS AT USER?S SOLE RISK.   UNDER NO CIRCUMSTANCES SHALL XUCIA OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE XUCIA SERVICES.   NEITHER XUCIA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.       SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF XUCIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE XUCIA SERVICES, FROM INABILITY TO USE THE XUCIA SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE XUCIA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE XUCIA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE XUCIA SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE XUCIA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE XUCIA SERVICES. THIS LIMITATION OF LIABILITY SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE XUCIA SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE XUCIA SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Without limiting the foregoing, under no circumstances shall Xucia or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

Indemnification

User agrees to defend, indemnify, and hold harmless Xucia and its directors, officers, employees, and agents from and against all claims and expenses, including attorney?s fees, arising from the use of Xucia services.

 

Termination

If you breach any term of these Terms of Service, reverse engineer, use the Xucia Services illegally or maliciously in any manner, Xucia may terminate the agreement immediately and retain any subscription fees paid, as a reasonable estimate of damages and not as a penalty.   Xucia may also pursue any remedies at law or in equity.

 

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of Oregon , without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

 

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Xucia?s failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such such provision.   Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Xucia.  

 

Assignment

This agreement may not be assigned by User without prior written approval of Xucia, but may be assigned by Xucia to a parent or subsidiary, an acquirer of assets, or a successor by merger.   Any assignment in violation of this section shall be void.