Xomax Disclaimer
Definitions
You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.We may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes and its owners, employees, subsidiaries, attorneys, and assigns.
'Content' refers to everything found within this website and other related domains that constitute our network of related and affiliated websites. This includes, without limitation, web pages, wiki pages, articles, software, and scripts. It also refers to documents, CD-Roms, and other information that is sent to you by us, whether by email, mail, or any other method of delivery.
Entire Agreement
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.This Agreement may be amended by Licensor at any time and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor.
Any amendments will become effective 30 days after being posted on the Internet, unless circumstances require that a change be immediately implemented. As a condition for this license you agree to periodically check this license Agreement and terms of use, posted at http://www-xomax.com/tos.html.
License Grant
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CONTENT.THE CONTENT IS COPYRIGHTED AND LICENSED. IT IS NOT SOLD. BY ACCESSING OR USING THE CONTENT YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE CONTENT.
Licensor hereby grants to you, and you accept, a nonexclusive, nontransferable license to use the content only as authorized in this License Agreement.
Prohibited Acts
Except as authorized in this Agreement, no copies of or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share your rights under this License Agreement, including passwords and user names. You agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate the content, and that you will not rent, lease, or lend the content, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). You agree that you will not alter, publish, copy, cut, modify or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor. If you are known for committing illegal acts involving other websites your membership may be banned or terminated.
Licensor's Rights.
You acknowledge and agree that the content is a proprietary product of Licensor, protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to the content, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to our company, but only a limited right of use revocable in accordance with the terms of this License Agreement. Licensor specifically reserves all rights not expressly granted in this License Agreement. All content, design, and programming (html, JavaScript, Java, graphics, forms, cgi, CSS, styles, style sheets, etc., except where noted) is copyrighted by Licensor. All rights reserved.Payment to licensor is for the arrangement and/or research and obtaining of public domain content or content owned by owners that Licensor is permitted to distribute. Copyright is claimed to all arrangements, enhancements, content, design and programming other than the content for which copyright is not claimed.
Term
This License Agreement is effective upon your using and shall continue until terminated. You may terminate this License Agreement at any time. Licensor may terminate this License Agreement upon the breach by you of any term hereof, as otherwise provided in this document, or for any reason whatsoever.No Warranty
THE CONTENT IS LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.Limitation of Liability
Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement or use of the content shall not exceed $100. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.No Guarantee of Correctness
The content has been prepared and/or obtained for general information, education, reference, and entertainment purposes only and is not intended to provide legal, medical, or professional advice. You acknowledge that Licensor, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date. There is no guarantee that the content is correct, complete, or up-to-date for any specific circumstance. No medical advice is provided.These statements have not been evaluated by the Food & Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Testimonals reflect one person's experience, individual results may vary.
This is an affiliate website, which means we make a commission from referring customers who make a purchase to the merchant's website. Information about Xomax on this site was obtained from the merchant or other sources and has not been independently verified. Use at your own risk.
The content may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site, and Licensor does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site.
Privacy Policy
We respect your interest in your privacy, and as a result we have created this informational disclosure. Your membership or use of the content constitutes your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you are not authorized to use the content.We collect and use personal information for many purposes, including but not limited to, to better understand our customer needs; to provide a better website, products and services; to communicate with customers and potential customers regarding our products and services and third party products and services.
Generally, your private information will only be disclosed to our owners, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on our behalf or request. This general rule, and disclosures in specific situations, is more particularly described below.
Information Collected by our ISP
The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on 'server logs' or 'raw server logs.' We have access to our raw server logs and access reports prepared by our hosting provider.Use of eMail Addresses and other Contact Information
An important part of our services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method. If you unsubscribe from our members emailing list you will not receive important information about bonuses, articles, niche products, and other information only provided through email. Unsubscribing from our members emailing list does not cancel your membership.We may also send you information about other products and services our company offers.
We will not sell, provide, or transfer you email address to others.
However, we may allow advertising to our customers, or engage in joint ventures, which result in your receiving advertisements from selected third parties.
Cookies
Cookies are used to keep track of referred affiliate commissions and to monitor access to the password protected membership section. You consent to any future use of cookies for testing purposes and the use of cookies for publicly available data to gather statistics for the purpose of determining which search engines, referring sites, key words, etc., bring visitors to our website, which pages visitors are most interested in, what web browsers are used, etc. Various providers may be used for this purpose. The purpose is obtain information that will help promote the website, make the website more interesting and useful to visitors, and to identify areas where improvement is needed.Testimonials and Use of Content
We always want testimonials to advertise and promote our products and services and new content to make use of. If you send us information about our products or services or your use of the same, or submit content to us, you authorize us to use your name, likeness, and information you send us or provide in any manner, including advertisements or promotional materials without remuneration. This includes any emailed correspondence from you, forum posts, blog posts, Wiki comments and discussion, etc. Although we are not required to do so, we will often want to reciprocate in some way, so please provide a live link to your website, and personal contact information that can be included in a testimonial. This will provide you with free advertising and with a referring link that may help your search engine rankings.Minors
We do not direct this website to minors, nor does we knowingly collect any personal information from children under the age of thirteen.Disclosure by Necessity
Private information may be disclosed if required by a court order, statute, law, or regulation.Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.
Information is also subject to disclosure if believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, your rights or property, other users of our web site, products or services, or anyone else.
In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.
Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our website, products and services, you consent to any such transfer of information outside of your country. For example, computers that we use to conduct operations are not always located in the United States, and our service providers are not all located in the United States.
After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged.
Publicity Release
Information and/or statements provided to us, written or oral, constitutes your consent and permission for us to use such as a testimonial, which may include your name, likeness website, and other pertinent information. You agree that we will not owe you any payments or other renumeration. You waive the provisions of California Civil Code §§ 3344 and 3344.1, and consent to and authorize us to use your name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services.Governing Law
This License Agreement may be negotiated, prepared, executed and delivered in potentially several jurisdictions, including the State of California. Accordingly, in order to establish with certainty that this Agreement will be governed by one body of well-developed law, to the extent permitted by law the parties hereto expressly agree that this License Agreement shall be governed by, and construed in accordance with, the laws of the State of California regardless of the location in the universe or jurisdiction from which is used, to the exclusion of any other applicable body of governing law. This Agreement is entered into in California and not any other jurisdiction, and it is agreed that this Agreement is entered into in Sacramento County California.Arbitration Agreement
You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org.You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction.
Severability
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.No Waiver
The failure of Licensor to enforce any rights granted hereunder or to take action against any other party in the event of any breach hereunder shall not be deemed a waiver by Licensor as to subsequent enforcement of rights or subsequent actions in the event of future breaches.Contact information
You may contact us at Webmaster, PO Box 725, Rancho Cordova, CA 95741.This policy was last updated on December 30, 2006. As part of your agreement to access this website, you agree that we can modify, add to, and delete this document in whole or in part, and that we do not need to send you notice of any changes. You will periodically review this policy for any changes. Unless circumstances necessitate otherwise, and changes will not go into effect until 30 days after the change is made and the 'Last Updated Date' is updated.
Policy Modifications:
None.