These Terms are not applicable to any other web page operated and/or owned by any entity other than xSoteria and its affiliates, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties. When visiting these third party websites, you should refer to the terms and conditions in effect for the applicable third party owner.
PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE PROCEDURE, JURISDICTION AND VENUE OF DISPUTES INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE (AS FURTHER DEFINED IN SECTION 14.A), INDEMNIFICATION, CLASS ACTION WAIVER AND AGREEMENT TO BINDING ARBITRATION. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE WEB PROPERTIES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES OR PURCHASE ANY PRODUCTS THROUGH THE WEB PROPERTIES.
DO NOT USE THE WEB PROPERTIES FOR EMERGENCY NEEDS. IF YOU EXPERIENCE AN EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL AUTHORITIES. SHOULD YOU EXPERIENCE A MEDICAL CONDITION OR REQUIRE MEDICAL HELP, PROMPTLY SEEK THE ADVICE AND/OR OPINION OF A MEDICAL PROFESSIONAL OR CALL 911. YOUR USE OF THE WEB PROPERTIES IS SOLELY AT YOUR OWN RISK.
DO NOT USE, AND YOU ARE PROHIBITED FROM USING, THE WEB PROPERTIES TO ENGAGE IN, OR PROMOTE, ANY UNLAWFUL OR ILLEGAL ACTIVITY. THE USE OF THE WEB PROPERTIES MAY INVOLVE THE EXCHANGE OF COMMUNICATIONS WITH THIRD PARTIES AND XSOTERIA SHALL NOT BE LIABLE FOR ANY ACTIONS OR INACTIONS YOU TAKE, OR ARE INVOLVED IN, AS A RESULT OF COMMUNICATIONS WITH THIRD PARTIES OR YOUR USE OF THE WEB PROPERTIES. YOUR USE OF THE WEB PROPERTIES IS AT YOUR OWN RISK.
ELIGIBILITY. The Web Properties, and the products which may be sold and purchased through the Web Properties ("Products") are not targeted toward or intended for use by anyone under the age of 13. By using the Web Properties and by accessing the Products, you represent and warrant that you (a) are 13 years of age or older, (b) are a legal resident of the United States or are legally permitted to be in the United States, (c) have not been previously suspended or removed from the Web Properties, or engaged in any activity that could result in suspension or removal from the Web Properties, (d) do not have more than one xSoteria account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. The Web Properties are not intended or designed to attract children under the age of thirteen (13) and the Products may not be purchased by children under the age of thirteen (13). You will need to affirm that you are more than thirteen (13) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Furthermore, in order to use the Web Properties you must enable your mobile device to receive push notifications from the Web Properties and to permit the Web Properties to access your location. If you do not enable your mobile and web devices accordingly, the Web Properties may not properly function or may not function at all.
WEB PROPERTY CONTENT. Subject to these Terms, xSoteria hereby grants you a non-transferable, non-exclusive, limited and revocable license to use and access the Web Properties. By providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any materials, documents, images, graphics, logos, colors, products, descriptions, design, representations, audio, video, and any other information provided from or on the Web Properties or with respect to any Product (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
USER ACCOUNT, PASSWORD AND SECURITY To the extent that a user account is created by you to access and use any Web Property or to purchase any Product offered through the Web Properties (collectively, a "User Account"), the following shall apply:
USER ACCOUNT. To access certain Products or Content available through the Web Properties, we may require that you sign up using your email address and a password to create a User Account. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties, including, but not limited to, your full name, age, profile picture, and email address (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if the information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password. We are entitled to act on all instructions received by anyone using your User Account and you agree that you are solely responsible for any activity that occurs under your User Account.
ACCOUNT DEACTIVATION. We reserve the right to deactivate or cancel a User Account in our sole discretion, for any reason or no reason, including, but not limited to the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (v) you act in a fraudulent or an inappropriate manner while using the User Account, or (vi) any breach by you of any provision of these Terms, including any breach of any provision of the Privacy Notice.
DATA RETENTION POLICY, MANAGING YOUR INFORMATION. We may retain User Account information and some automatically collected information for as long as you use your User Account and for a reasonable time thereafter, or for so long as may be required by applicable law, and we may store it in the aggregate. If you would like us to delete your User Account information that you have provided, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Information that you enter into the Web Properties will generally remain there until we receive a legitimate request to remove it.
ELECTRONIC COMMUNICATIONS. By creating a User Account, you also consent to receive electronic communications from xSoteria (e.g., via email or by posting notices to the Website Properties). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information), information relating to the Web Properties, the Content and the products and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. Furthermore, you agree that we may send you informational text messages ("SMS") or electronic communication as part of the normal business operation of your use of the Web Properties. You may opt-out of receiving SMS messages or electronic mail by e-mailing your request to email@example.com. You acknowledge that opting out of receiving SMS messages and/or electronic mail may impact your use of the Web Properties.
PRICE AND CHARGES FOR THE PRODUCTS. If you elect to use the Web Properties and purchase any Products through the Web Properties, you agree to pay the prices which will be reflected at checkout. All prices are in U.S. Dollars. xSoteria reserves the right to change any prices on any Products and reserves the right to correct any typos or misprints, even if such relate to pricing of a Product. xSoteria does not offer refunds or exchanges for any Products or services that are ordered but not used. Failure to use any Product or service before its expiration will not result in any refund or exchange. Failure to pay for or pick up any processed order for Products ordered through the Web Properties shall permit xSoteria, in its sole discretion, and without limiting its other rights and remedies, to suspend or terminate your User Account. If any applicable sales taxes are required to be collected, we will collect applicable sales tax only for the Products on which the sales tax is imposed.
THIRD PARTY PAYMENT PROCESSORS. xSoteria may use the services of a third party service providers (such as Stripe, Inc., Paypal), to process transactions, including payment transactions, as part of your use of the Web Properties to purchase Products. By using the Web Properties, you grant xSoteria all necessary rights and consents under all applicable laws, rules and regulations, to disclose to xSoteria’s third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any personal information, as defined in the xSoteria Privacy Notice, for purposes of providing the services hereunder to you, including data that we may collect directly from you using cookies or other similar means, all as described in the xSoteria Privacy Notice.
WEB PROPERTIES USE AND CONTENT. You may view, copy or print a single copy of any page from the Web Properties if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present, provided that such use is in accordance with these Terms. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Web Properties without our express, prior, written consent. In addition to the terms set forth herein, any special or additional terms may be included elsewhere in the Web Properties and are incorporated into these Terms by reference. If you have purchased a Product or service offered by us through the Web Properties, such use is also subject to the terms and conditions of such service to which you agreed to be bound by when purchasing. xSoteria may change, suspend or discontinue the Web Properties, including any Product or any Content provided as part of the Web Properties for any reason, or no reason, at any time.
RESTRICTIONS. You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Web Properties, any Content or from any Product; (b) modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, unless specifically permitted by these Terms; (c) decompile, reverse engineer or disassemble the Web Properties, except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Web Properties, except as expressly permitted by us; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; or (vi) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the their respective related systems or networks. The Web Properties and all rights therein are and shall remain the property of xSoteria. Neither these Terms nor your use of the Web Properties convey or grant to you any rights: (a) in or related to the Web Properties or the application except for the limited license granted above; or (b) to use or reference in any manner xSoteria company names, logos, product and service names, trademarks or services marks.
ADDITIONAL RESTRICTIONS: You may not, and are prohibited from, using the Web Properties for any of the following activities:
Illegal Activities. You are prohibited from using the Web Properties to engage in illegal activities or to promote activities that are dangerous or illegal.
Malicious and Deceptive Practices. You are prohibited from transmitting viruses, malware, or any other malicious or destructive code or any other content that harms or interferes with the operation of the networks, servers, or other infrastructure of xSoteria or any other third party.
Hate Speech. The Web Properties contain features that permit users of the Web Properties to communicate with each other, The Web Properties may be used for purposes of free expression, but xSoteria does not support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics. This can be a delicate balancing act, but if the primary purpose is to attack a protected group, the content crosses the line.
Harassment, Bullying, and Threats. You are prohibited from engaging in any harassing, bullying, or threatening behavior, and do not incite others to engage in these activities. Anyone using our Web Properties improperly or to single someone out for malicious abuse, to threaten someone with serious harm, to sexualize a person in an unwanted way, or to harass in other ways may have the offending content removed or be permanently banned from using the Web Properties. In emergency situations, we may escalate imminent threats of serious harm to law enforcement. Keep in mind that online harassment is also illegal in many places and can have serious offline consequences for both the harasser and the victim.
Personal and Confidential Information. You are prohibited from distributing other people’s or any third party’s personal or confidential information, including any images or videos of such personal or confidential information. This may include, but is not limited to names, addresses, age, credit card numbers, social security numbers, identification numbers and similar information, account numbers, passwords, without their permission.
Sexually Explicit Material. You are prohibited from distributing sexually explicit or pornographic material and from engaging in any sexually explicit unwanted conduct or conversations.
Impersonation. You are prohibited from using the Web Properties to mislead or confuse users of the Web Properties by pretending to be someone else or pretending to represent an organization you do not represent.
YOUR CONTENT. xSoteria may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to xSoteria through the Web Properties, textual, audio, and/or visual content and information, including commentary and feedback related to the Web Properties and initiation of support requests ("Your Content"). Any of Your Content provided by you remains your property. However, by providing Your Content to xSoteria, you grant xSoteria a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any way Your Content, in all formats and distribution channels now known or hereafter devised (including in connection with the Web Properties and xSoteria’s business and on third- party sites and services), without further notice to, or consent from, you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all of Your Content or you have all rights, licenses, consents and releases necessary to grant xSoteria the license to Your Content as set forth above; and (ii) neither Your Content nor your submission, uploading, publishing or otherwise making available of Your Content nor xSoteria's use of Your Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide Your Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by xSoteria in its sole discretion. xSoteria may, but shall not be obligated to, review, monitor, or remove Your Content, at xSoteria's sole discretion, and at any time and for any reason, or no reason, without notice to you.
VOLUNTEERS. To the extent you sign up using the Web Properties as a volunteer (“Volunteer”) to represent, encourage, and promote the use of xSoteria’s services (“Volunteer Services”) either through selection by (1) a representative of xSoteria, (2) an organization or a representative, student, employee, or member of an organization, (3) an institution or a representative, student, employee, or member of an institution, (4) another user of xSoteria, or (5) self-selection, you hereby agree that:
UPDATES. We may make changes to the Web Properties, the Content, the offering of Products or these Terms or stop providing any of the Web Properties, Products and/or the Content at any time and without further notice to you. Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.
PRIVACY. We know that privacy is very important to you, and it is very important to us as well. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We may communicate with you with respect to these Terms and the xSoteria’s Privacy Notice by mail, email or by posting notices on our Web Properties and we may communicate with you for promotional and marketing purposes by mail, email, through social media and similar digital channels or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Notice located at xsoteria.com/privacynotice.
OBJECTIONABLE MATERIAL. You acknowledge that in using the Web Properties and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we shall have no liability to you for material that may be disturbing, objectionable or offensive to you.
ASSUMPTION OF RISK. I ACKNOWLEDGE THAT AN INHERENT RISK OF EXPOSURE TO THE DISEASE COVID-19 (AS DEFINED BY THE WORLD HEALTH ORGANIZATION AND ANY STRAINS, VARIANTS, OR MUTATIONS THEREOF) AND SARS-COV-2 (THE VIRUS THAT CAN CAUSE COVID-19) (COLLECTIVELY, “COVID-19”), AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. “COMMUNICABLE DISEASE” MEANS ANY DISEASE OR ILLNESS CAUSED BY MICROORGANISMS SUCH AS BACTERIA, VIRUSES, PARASITES, OR FUNGI THAT CAN BE SPREAD, DIRECTLY OR INDIRECTLY, FROM ONE PERSON TO ANOTHER. “INFECTIOUS DISEASE” MEANS ANY DISEASE OR ILLNESS CAUSED BY MICROORGANISMS SUCH AS BACTERIA, VIRUSES, PARASITES, OR FUNGI THAT ENTER THE BODY, MULTIPLY, AND CAN CAUSE AN INFECTION. COVID-19 IS AN EXTREMELY CONTAGIOUS COMMUNICABLE DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. NO PRECAUTIONS CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19, AND THE RISK OF EXPOSURE APPLIES TO EVERYONE. ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”), OLDER ADULTS (PEOPLE 65 YEARS AND OLDER) AND PEOPLE OF ANY AGE WHO HAVE UNDERLYING MEDICAL CONDITIONS MIGHT BE AT HIGHER RISK FOR SEVERE ILLNESS AND DEATH FROM COVID-19. I ACKNOWLEDGE THAT THE RISK OF EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE INCLUDES THE RISK THAT I WILL EXPOSE OTHERS THAT I LATER ENCOUNTER, EVEN IF I AM NOT EXPERIENCING OR DISPLAYING ANY SYMPTOMS OF ILLNESS MYSELF. BY USING THE WEB PROPERTIES, I AGREE TO VOLUNTARILY ASSUME ANY AND ALL RISKS IN ANY WAY RELATED TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING ILLNESS, INJURY, OR DEATH OF MYSELF OR OTHERS, AND INCLUDING WITHOUT LIMITATION, ALL RISKS BASED ON THE SOLE, JOINT, ACTIVE OR PASSIVE NEGLIGENCE OF XSOTERIA. I ACKNOWLEDGE THAT MY USE OF THE WEB PROPERTIES IS ENTIRELY VOLUNTARY.
NO WARRANTIES FOR WEB PROPERTIES OR THE PRODUCTS. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. In addition, some information and data provided through the Web Properties and/or the Content is obtained from publicly available sources, which sources may not be accurate or up to date. As such, we make no warranty concerning the inaccuracy, incompleteness, delay, failure, interruption, or corruption of any data, the Content or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES AND RELIANCE ON THE INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR INTERNAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES AND THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CONTENT, PRODUCTS, OR SERVICES WHICH ARE REASONABLY FOUND TO BE INADEQUATE BY XSOTERIA. Furthermore, xSoteria does not guarantee continuous, uninterrupted or secure access to the Web Properties, which may be interfered with by numerous factors outside of xSoteria's control. If you are dissatisfied with any aspect of the Web Properties at any time, your sole and exclusive remedy is to cease using it.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING: (A) THE RESULTS YOU WILL OBTAIN BY USING THE WEB PROPERTIES, (B) THE ACCURACY OF INFORMATION PROVIDED OR RECORDED BY A USER OF THE WEB PROPERTIES INCLUDING BUT NOT LIMITED TO THE AGE OF A USER OF THE WEB PROPERTIES, (C) OUR ABILITY TO ACCURATELY VERIFY THE IDENTITY OR AGE OF ANOTHER USER OF THE WEB PROPERTIES, (D) OUR ABILITY TO PREVENT UNDER-AGE CONSUMPTION OF ALCOHOL OR DRUGS, SEXUAL ASSAULT OR HARASSMENT, OR OTHER UNLAWFUL ACTIVITY, (E) THE TRAINING, VETTING, RESPONSE TIME, SAFE PRACTICES, AND ACTS OR OMISSIONS OF USERS OF THE WEB PROPERTIES, (F) OUR ABILITY TO PREVENT OR REDUCE THE TRANSMISSION OF OR EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, WHETHER SUFFERED BEFORE, DURING, OR AFTER USE OF THE WEB PROPERTIES, (G) OUR ABILITY TO REQUIRE, IMPLEMENT, OR ENFORCE A SPECIFIC CAPACITY LEVEL AT VENUES AND/OR EVENTS, (H) OUR ABILITY TO REQUIRE, IMPLEMENT, OR ENFORCE USERS OF THE WEB PROPERTIES TO SOCIALLY DISTANCE FROM OTHER PEOPLE, AND (I) OUR ABILITY TO IDENTIFY, TRACK, TRACE, AND/OR NOTIFY USERS OF THE WEB PROPERTIES WHO HAVE OR MAY HAVE BEEN EXPOSED TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, WHETHER SUFFERED BEFORE, DURING, OR AFTER USE OF THE WEB PROPERTIES.
WAIVER. ON MY OWN BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS, I AGREE TO FOREVER WAIVE, COVENANT NOT TO SUE, RELEASE, AND DISCHARGE THE RELEASED PARTIES, NAMED BELOW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES, COSTS, OR EXPENSES OF EVERY KIND, INCLUDING ALL CLAIMS AND CAUSES OF ACTION BASED ON THE SOLE, JOINT, ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, ARISING OUT OF OR IN ANY WAY RELATING TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE RELATING TO MY USE OF WEB PROPERTIES. THIS WAIVER OF LIABILITY AND THE ASSUMPTION OF RISK SET FORTH ABOVE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW.
INDEMNIFICATION. IN THE EVENT THE YOU BREACH THIS AGREEMENT, YOU SHALL DEFEND, INDEMNIFY AND HOLD XSOTERIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, DEMAND, ACTION, COST AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT AND (B) ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, DESIGN, TRADE NAME, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT RELATING TO THE WEB PROPERTIES OR PROVISION OF THE WEB PROPERTIES, (C) THE ACTIONS OR INACTIONS OF ANY USER OF THE WEB PROPERTIES, STUDENT, AGENT, EMPLOYEE, VOLUNTEER, CONTRACTOR, OR SAFETY OFFICER, (D) THE TRANSMISSION OF OR EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, WHETHER SUFFERED BEFORE, DURING, OR AFTER USE OF WEB PROPERTIES. UPON RECEIPT OF NOTICE, YOU SHALL PROMPTLY ASSUME THE DEFENSE OF ANY THIRD PARTY SUIT OR PROCEEDING COVERED BY ITS INDEMNIFICATION OBLIGATIONS HEREUNDER. YOU SHALL NOT SETTLE OR COMPROMISE ANY CLAIMS AGAINST US WITHOUT OUR PRIOR WRITTEN CONSENT.
NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access and connections necessary to use the Web Properties. If you are accessing the Web Properties on your mobile network or through a wireless enabled device, data and messaging rates may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. xSoteria does not guarantee the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
LIMITATION OF LIABILITY. XSOTERIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES, PRODUCTS, AND/OR CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES, PRODUCTS AND/OR ANY CONTENT PROVIDED THROUGH THE WEB PROPERTIES. ADDITIONALLY, WE SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY WHATSOEVER FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL, LOST BUSINESS, OR LOST PROFITS. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES, PRODUCTS AND/OR CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY LOSS, INJURY, DAMAGE, ACTS, OR OMISSIONS CAUSED OR ARISING IN CONNECTION WITH ANY SERVICES OR AS A RESULT OF ACTS OF GOD, ACTS OF GOVERNMENT OR OTHER AUTHORITIES, PANDEMIC, OR OTHER HEALTH AND SAFETY CIRCUMSTANCE, WARS, CIVIL DISTURBANCES, HIJACKS, THEFTS, PROTESTS, OR ANY CIRCUMSTANCE BEYOND OUR CONTROL. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY WHATSOEVER FOR THE ACTIONS OR INACTIONS OF ANY USER OF THE WEB PROPERTIES, CUSTOMER, STUDENT, AGENT, VOLUNTEER, EMPLOYEE, SAFETY OFFICER, CONSULTANT OR SERVICE PROVIDER. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. IN NO WAY SHALL THE MAXIMUM AGGREGATE LIABILITY OF XSOTERIA HEREUNDER EXCEED THE SUM OF ONE THOUSAND ($1,000.00) USD. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT OR TORT AND WHETHER OR NOT XSOTERIA HAS BEEN INFORMED OF SUCH DAMAGES AND EVEN IF THE REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights that may vary from one jurisdiction to another.
THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. We may provide information, analysis, and visualizations based on data created and maintained by third parties; hyperlinks to other websites maintained by third parties; or third party content on the Web Properties by framing or other methods (collectively, "Third Party Content"). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and, just as with the Web Properties, we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
INTELLECTUAL PROPERTY. The Content and the Web Properties are intellectual property owned, controlled and/or licensed by us and/or our subsidiaries and affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in these Terms. We are the copyright owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of xSoteria that may be referred to on the Web Properties are the property of xSoteria, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without our prior written permission. Neither the name of xSoteria, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without our prior, written permission of xSoteria.
COPYRIGHT COMPLAINTS. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). Under the DMCA, a copyright owner may give notification to an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Notice, located at xsoteria.com/privacynotice does not protect information provided in these notices.
When notifying us of potential infringement, you must include the following:
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at firstname.lastname@example.org.
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
TERMINATION OF SERVICE. We may terminate your right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, the Web Properties shall be governed by the laws of Florida. Any dispute or claim between you and xSoteria, arising out of, or relating in any way to the Terms or the Web Properties (“Dispute”) shall be resolved exclusively by final, binding arbitration. You agree that you therefore waive any right to litigate any claims in court as a class action or other representative or collective action (such as an action in the form of a private attorney general). You also agree to waive any right to pursue in arbitration any class action or other representative or collective action (such as an action in the form of a private attorney general), or to participate as a class member in a class action or other representative action in arbitration or in court before a judge or jury. You also agree that no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. By virtue of this agreement you and xSoteria are each giving up the right to go to court and have any dispute heard by a judge or jury. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All arbitrations are to be conducted in Weston, Florida.
LOCAL LAWS. We make no representation that Content or materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any Web Property or in connection with the Web Properties (collectively, the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, and any of our products or Web Properties, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
CUSTOMER COMMENTS. If you experience any issues with use of the Web Properties, please send feedback, report bugs, and tell us about any challenges by opening the menu and tapping on Submit Feedback icon .We will take reasonable efforts to address your comments. By submitting comments, information or feedback to us through email and/or the Web Properties, you agree that the information submitted will be subject to our Privacy Notice located at xsoteria.com/privacynotice. Nothing herein shall bind or obligate xSoteria to update, upgrade, change or any features of the Web Properties.
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
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