Introduction. 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.
Definitions. For the
purposes of this Agreement, the following definitions shall apply:
includes all Text, Graphics, Design, Documents, and Programming used on
the Web Site.
includes all text on every page of the Web Site, whether editorial,
informational, navigational, or instructional.
includes all logos, buttons, and other graphical elements on the Web Site,
with the exception of paid advertising banners.
includes the color combinations and the page layout of the Web Site.
includes both client-side code (including but not limited to HTML,
databases, etc.) used on the Web Site.
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.
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.
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.
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.
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 © 2010 Xuropa, Inc., 441 28th Street, San Francisco, CA 94131, U.S.A., All rights reserved.
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"
- 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.
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
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.
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