Legal Information & Notices

Website Terms & Conditions

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Xi3 web site located at www.xi3.org, www.xi3.com including Xi3 sites around the world (collectively, the “Site”). The Site is the property of The Xi3 Corporation and its parent, licensees or subsidiaries  (“Xi3”) . BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Xi3™ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Xi3 grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Xi3's express prior written consent.

Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Xi3 reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Xi3 server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Xi3, including any Xi3 account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Xi3’s systems or networks, or any systems or networks connected to the Site or to Xi3.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Xi3 on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Xi3 or others.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Trademark Information
The trademarks, service marks, logos, product and service names and company names displayed on the Site are registered or unregistered trademarks of Xi3, its suppliers and other third parties, and may not be copied imitated or used, in whole or in part, without prior written permission. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, sponsorship or recommendation of or by Xi3. Trademarks and service marks owned by Xi3 signify the high quality and innovative services and products offered by Xi3, and they constitute valuable assets of the company. A partial list of U.S. trademarks owned by Xi3 follows. The absence from this list of any mark used by Xi3 does not mean that it is not an Xi3 trademark:
Isys
Xi3
Z3RO

Copyright Information
The copyright in all material provided on this Site is held by Xi3, or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Xi3 or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Xi3’ permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Claims of Copyright Infringement
Xi3 respects the intellectual property rights of others. Accordingly, Xi3 has a policy of removing from the Site anything that may violate copyright laws of others. If you believe that your copyright or other rights have been infringed by material on this Site, please provide Xi3’s copyright agent the written information specified below. Please note that this procedure is exclusively to be used to notify Xi3 that you claim your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Xi3's Copyright Agent for notice of claims of copyright infringement on this Site is David B. Tingey, 60 E. South Temple, Suite 1800, Salt Lake City, Utah 84111, Fax: (801) 321-4893, e-mail: dtingey@kmclaw.com.

Patent Information
Technologies and processes used or embodied in this Site are covered by one or more U.S. Patents and by other patents pending. Except as otherwise specified, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of Xi3 or any third party.

Piracy Policy
Content owners have the right to protect their property from theft, and Xi3 intends to work with the content industry to make digital content widely available while protecting it through strategies that meet consumer expectations. Piracy is best addressed through consumer education, enforcement of copyright laws, and new technologies and business models that make legal access to digital content easy, convenient and affordable. Suspected instances of theft or piracy relating to this Site should be reported to Xi3 immediately.

Software License Information
All software offered on this Site is provided subject to a license agreement, and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s).

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to log in with an ID and password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Xi3 immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Xi3 or any other user of or visitor to the Site due to someone else using your Xi3, password or account.

You may not use anyone else’s Xi3, password or account at any time without the express permission and consent of the holder of that Xi3 ID, password or account. Xi3 cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Xi3’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Xi3’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Xi3 control, and Xi3 is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
Xi3 DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. XI3 CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. XI3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XI3 DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY XI3 SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST XI3 FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

XI3 reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Xi3 be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Xi3 has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold Xi3, its parents, officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Xi3 by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
Xi3 may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Xi3’s rights or property, or the rights or property of visitors to or users of the Site. Xi3 reserves the right at all times to disclose any information that Xi3 deems necessary to comply with any applicable law, regulation, legal process or governmental request. Xi3 also may disclose your information when Xi3 determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Xi3 may preserve any transmittal or communication by you with Xi3 through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Xi3 determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Xi3, its employees, users of or visitors to the Site, and the public.

You agree that Xi3 may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to XI3, for which monetary damages would be inadequate, and you consent to Xi3 obtaining any injunctive or equitable relief that Xi3 deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Xi3 may have at law or in equity.

You agree that Xi3 may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Xi3 does take any legal action against you as a result of your violation of these Terms of Use, Xi3 will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Xi3. You agree that Xi3 will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Salt Lake City, Utah and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Xi3 and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Xi3 reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

The information contained in this web site is subject to change without notice.

Copyright © 2010-2011 Xi3 Corporation. All rights reserved.



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