This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of the Xuropa web site (the “Web Site”) and the information made available on and through the Web Site. Please read this page carefully. When agreed to, these Terms and Conditions form a binding Agreement between you and Xuropa Inc.
For the purposes of this Agreement, the following definitions shall apply:
- “Content” includes all Text, Graphics, Design, Documents, and Programming used on the Web Site.
- “Text” includes all text on every page of the Web Site, whether editorial, informational, navigational, or instructional.
- “Graphics” includes all logos, buttons, and other graphical elements on the Web Site, with the exception of paid advertising banners.
- “Design” includes the color combinations and the page layout of the Web Site.
- “Documents” refers to any white papers, press releases, product descriptions, product datasheets, or any other posting to the Web Site.
- “You” refers to the individual, organization, or governmental entity accessing the Web Site and agreeing to these Terms and Conditions.
Acceptance of Terms and Conditions of Use.
Your use of the Web Site indicates your acceptance of these Terms and Conditions. If You do not accept these Terms and Conditions, You may not use the Web Site. From time to time Xuropa may revise these Terms and Conditions by updating this document and posting it on the Web Site. It is your obligation to review these Terms and Conditions from time to time. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time You do not agree to these Terms and Conditions, You must cease your use of the Web Site.
Intellectual Property Rights. All Content on the Web Site and the compilation of all Content on the Web Site is the exclusive property of Xuropa, or the property of third parties as indicated, and is protected by U.S. copyright law and international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the Programming code used to generate Web pages on the Web Site, as well as any Graphics.
The “look” and “feel” of the Web Site (including color combinations, button shapes, layout, Design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks (collectively, the “Marks”) are the property of Xuropa, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
Trademarks. Xuropa, the Xuropa logo, and “Your Software in the Cloud” are trademarks of Xuropa Inc. Other product and company names and logos may be the trademarks of their respective owners.
Acceptable Use of the Web Site. The information displayed on the Web Site may not be used for any purpose except in connection with your direct personal use of the Web Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Web Site. In addition, You represent, warrant and agree that You will not use (or plan, encourage or help others to use) the Web Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Web Site is also subject to the following restrictions:
- You may not send unsolicited commercial email to the email addresses provided on the Web Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Xuropa. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
- You may not copy, duplicate, download or otherwise use any material on the Web Site except for the purposes permitted by these Terms and Conditions.
- Any information sent to Xuropa via email is not secure and is sent on a non-confidential basis.
Notice Specific to Documents Available on the Web Site. Permission to use Xuropa Documents available on the Web Site is granted, provided that:
- Documents are used solely for informational and non-commercial or personal uses;
- Documents are not copied, posted on any network computer or broadcast in any media;
- Documents are not modified in any way; and
- The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear.
Copyright © 2011 Xuropa, Inc., 441 28th Street, San Francisco, CA 94131, U.S.A., All rights reserved.
Monitoring of Content. Xuropa does not assume any obligation for the accuracy, completeness, or truthfulness of any of the Content of the Web Site. The Content is presented as general information and may not be updated for the latest developments in the law that affect your specific circumstances.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with the proper functioning of the Web Site or Xuropa, including, without limitation, via means of submitting a virus to the Web Site or Xuropa, overloading, “flooding”, “mailbombing” or “crashing”;
- Sending unsolicited e-mail of promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. Your agreement to the following disclaimers and limitations is a material inducement to Xuropa to permit You to access the Web Site. Your use of the Web Site, and the obligations and liabilities of Xuropa in respect of your use of the Web Site, is expressly limited as follows:
Third Party Information. The Web Site may from time to time display the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Web Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Xuropa, on behalf of or any third party. In addition, Xuropa, does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. Xuropa, shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party web sites accessed from the Web Site or web sites that have links to the Web Site. Access to third party web sites from the Web Site is done solely at your own risk.
DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. XUROPA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. XUROPA DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR EMAIL SENT FROM XUROPA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XUROPA ALSO DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ON THE WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL XUROPA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XUROPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to indemnify and hold harmless Xuropa from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
Applicable Law. The laws of the United States and the State of California, without regard to principles of conflicts of laws, shall govern these Terms and Conditions and any dispute whatsoever that may arise between You and Xuropa.
Arbitration of Disputes. Any dispute relating in any way to your visit to the Web Site shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent You have in any manner violated or threatened to violate Xuropa’s intellectual property rights, Xuropa may seek injunctive or other appropriate relief in any state or federal court in the State of California, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the then prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Xuropa, to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.