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Xora Terms of Use
Welcome to the Xora Web site (the "Site"). By using the Site, you agree
to follow and be bound by the following terms and conditions concerning your
use of the Site ("Terms of Use") and our Privacy Policy. If you do
not agree to be bound by these Terms of Use, please do not visit or use the Site.
We may revise the Terms of Use and Privacy Policy at any time effective immediately
without notice to you. You should visit this page periodically to review the
then-current Terms of Use.
Areas of the Site may have different terms of use posted. If there
is a conflict between the Terms of Use and terms of use posted for
a specific area of the Site, the latter shall have precedence with
respect to your use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents
and graphics incorporated in these documents (the
"Documents") from the Site subject to the following: (a)
the Documents may be used solely for personal, informational, non-commercial
purposes; (b) the Documents may not be modified or altered in any
way; and (c) you keep intact all copyright and other proprietary
notices. Except where your use constitutes
"fair use" under copyright law, you may not otherwise
use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any information from
this Site in whole or in part without the express authorization
of Xora.
2. Passwords and Security
You are responsible for maintaining the confidentiality
of any password(s) you are given to access the Site, and are
fully responsible for all activities that occur under your password(s).
You will not misuse or share the username/password that is issued
to you by Xora, misrepresent your identity or your affiliation
with an entity, impersonate any person or entity, or misstate
the origin of any materials you are exposed to through this
Site. You agree to notify Xora immediately of any unauthorized
use of your password(s).
Xora is concerned about the security of personal information we
have collected from you and has taken reasonable steps to prevent
unauthorized access to that information.
3. Termination of Use
You agree that Xora may, in its sole discretion,
at any time terminate your access to the Site and any account(s)
you may have in connection with the Site. Access to the Site
may be monitored by Xora.
4. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access
to content, products and services from third parties, including
users, advertisers, affiliates and sponsors of the Site. You
agree that Xora is not responsible for the availability of,
and content and products provided on, third party Web sites.
You further agree that Xora does not endorse the content of
any third party site, nor can we warrant that they will not
contain viruses or otherwise impact your computer. You should
refer to the policies posted by other Web sites regarding privacy
and other topics before you use them. You agree that Xora is
not responsible for third party content and products accessible
through the Site, including opinions, advice, statements and
advertisements, and understand that you bear all risks associated
with the use of such content and products. If you choose to
purchase any products or services from a third party, your relationship
is directly with the third party. You agree that Xora is not
responsible for: (a) the quality of third party products or
services; and (b) fulfilling any of the terms of your agreement
with the seller, including delivery of products or services
and warranty obligations related to purchased products or services.
You agree that Xora is not responsible for any loss or damage
of any sort you may incur from dealing with any third party.
5. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE,
THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. XORA
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
XORA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS;
(B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE
SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK. XORA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
XORA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT
ANY TIME WITHOUT NOTICE.
6. Limitation of Liability
IN NO EVENT SHALL XORA BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR
ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING
FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnity
You agree to defend, indemnify and hold harmless
Xora, its officers, directors, employees and agents from and
against any and all claims, liabilities, damages, losses or
expenses, including reasonable attorneys' fees and costs, arising
out of or in any way connected with your access to or use of
the Site.
8. Privacy Policy
Xora is concerned about your privacy and has
developed a policy to address privacy concerns. You can find
the current privacy policy at http://www.xora.com/terms_of_use/privacy.pdf.
If you are 13 or under you should not post information about
yourself on the Site, without the permission of a parent or
guardian.
9. Note About Children
Minors are not eligible to use the Site, and
we ask that they do not submit any personal information to us.
10. Export Restrictions/Legal Compliance
You may not access, download, use or export
the Site, or the content, software, products
or services provided on the Site in violation
of U.S. export laws or regulations, or in violation of any other
applicable laws or regulations. You agree to comply with all
export laws and restrictions and regulations of any United States
or foreign agency or authority, and not to directly or indirectly
provide or ot herwise make available the services and products
of Xora in violation of any such restrictions, laws or regulations,
or without all necessary approvals, including,
without limitation, for the development, design, manufacture
or production of nuclear, chemical or biological weapons of
mass destruction. As applicable, you shall obtain and bear all
expenses relating to any necessary licenses and/or exemptions
with respect to your own use of the services of Xora outside
the U.S. Neither the services of Xora nor the underlying information
or technology may be downloaded or otherwise provided or made
available, either directly or indirectly, (i) into Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria or any other country
subject to U.S. trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents of
such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions;
or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals and Blocked Persons or the U.S.
Commerce Department's Table of Denial Orders. By agreeing to
these Terms and Conditions of Use, you agree to the foregoing
and represents and warrants that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.
11. Applicable Laws
All matters relating to your access to, and
use of, the Site shall be governed by U.S. federal law or the
laws of the State of California. Any legal action or proceeding
relating to your access to, or use of, the Site shall be instituted
in a state or federal court in San Francisco or San Mateo County,
California. You and Xora agree to submit to the jurisdiction
of, and agree that venue is proper in, these courts in any such
legal action or proceeding.
12. Copyright/Trademark Information
Copyright © 1995-2001, Xora Corporation. All rights reserved.
Xora is a registered trademark of Xora Inc. Other names appearing
on the Site may be trademarks of their respective owners.
The trademarks, service marks and logos of Xora and others used
in this Site ("Trademarks") are the property of Xora and
their respective owners. You have no right to use any such Trademarks,
and nothing contained in this Site or the Terms of Use grants any
right to use (by implication, waiver, estoppel or otherwise) any
Trademarks without the prior written permission of Xora or the respective
owner.
13. Contact Information
If you have any questions regarding these Terms
of Use or any other questions regarding
the Site, please contact Xora at info@xora.com
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