Terms and Conditions|
Welcome to XSiting Technologies.
This XSiting Technologies Services Member Agreement (the "Agreement") explains the terms and conditions governing your
use of a XSiting Technologies Service, technology, and any other content available on
the XSiting Technologies Service.
If you do not wish to accept this agreement, do
not purchase this Service. By registering and purchasing any XSiting Technologies
Service, you agree to use the XSiting Technologies Service in a manner consistent with all
applicable laws and regulations and in accordance with the terms and conditions
outlined below. Once you have purchased a XSiting Technologies Service, this Agreement
supersedes the XSiting Technologies Trial Agreement in its entirety.
(a) Generally. Purchasing a XSiting Technologies Service provides
you (a "Member") with one of the following packages of content, tools, and
services, depending on which one you purchased (individually and collectively
"XSiting Technologies Service(s)"):
- XSiting Technologies Bronze: You will have access to site hosting, 5 pages, web
page templates, custom pages, communication tools, Enhanced Reports and statistical reports.
- XSiting Technologies Silver: You will have access to site hosting, 10 main pages, products catalog (unlimited), communication tools, Enhanced Reports,
and statistical reports.
- XSiting Technologies Gold: You will have access to site hosting, 10 main pages, products catalog (unlimited), customer relations tools, email-campaign tools, communication tools, Enhanced Reports,
and statistical reports.
(b) XSiting Technologies Services and Technology: You will be able to use the proprietary
and licensed technology incorporated in the XSiting Technologies Service to build and
maintain your web site ("Member Site") ("Technology"). XSiting Technologies may offer other
tools and services that are not included in any XSiting Technologies Service, including
premium services for which an additional fee will apply ("XSiting Technologies Solutions
(SM)"). Before any purchase of any XSiting Technologies Solution, you must have already
purchased a XSiting Technologies Service. The separate terms and conditions apply for each
XSiting Technologies Solution.
2. Payment Terms
(a) For access to and use of any XSiting Technologies Service, you
agree to pay all fees and charges specified on the payment page. All fees are due
immediately and are nonrefundable. If you switch your XSiting Technologies Service, your service
fees shall be prorated. XSiting Technologies asks that you provide us with your PayPal information for
payment, and all charges you incur for use of the XSiting Technologies Service
will be charged through the PayPal account you provide. You understand that in the
event you have already purchased a XSiting Technologies Solution, your first payment for any
purchase of a subsequent XSiting Technologies Solution may be prorated, and the actual amount
charged on your PayPal account may be slightly different than the list price. If XSiting
Technologies does not receive payment from PayPal, you agree to pay XSiting
Technologies all amounts due upon demand. You agree to pay all attorney and collection fees
arising from any efforts to collect any past due amounts from you to the extent
allowed by law. You understand that if XSiting Technologies does not receive timely payment
of all amounts due for any Solution you purchase, your use of any XSiting Technologies
Service or Solution may be severely restricted or terminated at XSiting Technologies's sole
discretion. This includes any Information you provide to XSiting Technologies while using any
XSiting Technologies Service or Solution.
THE FEE FOR ANY XSiting Technologies SERVICE IS NONREFUNDABLE. XSiting Technologies WILL NOT REFUND ANY
FEES PAID BY YOU IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) XSiting Technologies reserves the right at its sole discretion and as it deems
appropriate to add or remove certain services it offers and change its fees for
any services in accordance with Section 4.
(c) You agree to notify XSiting Technologies immediately if you suspect
unauthorized use of the XSiting Technologies Service, your PayPal account, or your
(f) You agree to pay any taxes, including personal property taxes or sales
taxes, resulting from your use of the XSiting Technologies Services. You agree to pay all
attorney and collection fees arising from our efforts to collect any past due
amounts from you to the extent allowed by law.
3. Restrictions and Description of Prohibited Acts
(a) You may not
use any XSiting Technologies Service or XSiting Technologies Solution, the selection of a web address for
your Member Site, the Technology, or the Member Site to, including, but not
limited to: (i) display material containing pornographic material of any kind;
(ii) provide material that is grossly offensive to the XSiting Technologies online community,
including blatant expressions of bigotry, prejudice, racism, hatred, or
excessive profanity, or post any obscene, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable content; (iii) sell or promote
any products or services that are unlawful in the location at which the content
is posted or received; (iv) access illegally or without authorization any
computers, accounts, or networks of XSiting Technologies or any XSiting Technologies Member, or attempt to
penetrate XSiting Technologies's security measures ("hacking"), or conduct a port scan,
stealth scan, or other information-gathering activity the intent of which is to
gather information to be used to attempt a system penetration; or upload to
XSiting Technologies, send through XSiting Technologies, or have XSiting Technologies host or distribute any Internet
viruses, worms, Trojan horses, other harmful code, pinging, flooding, mail
bombing, or denial-of-service attacks; or disrupt the use of or interfere with
the ability of others to effectively use a XSiting Technologies Service or any connected
network, system, service, or equipment; (v) display material that exploits, or
otherwise exploit, children under 18 years of age; (vi) post any content or
otherwise infringe in any way or violate any copyright, patent, trademark,
service mark, trade name, trade secret, or other intellectual property right of
any third party; (vii) promote, solicit, or participate in pyramid schemes;
(viii) post any content that holds XSiting Technologies up to public scorn or ridicule; (ix)
engage in any libelous, defamatory, scandalous, threatening, or harassing
activity; (x) post or disclose any personally identifying information or private
information about children or any third parties without their consent (or their
parents' consent, in case of a minor); and/or (xi) post any content that
advocates, promotes, or otherwise encourages violence against any governments,
organizations, groups, or individuals or that provides instruction, information,
or assistance in causing or carrying out such violence.
(b) You agree that without the express consent of XSiting Technologies (and showing proof
of the appropriate licenses where necessary or appropriate), you will never
provide, sell, or offer to sell the following products or content (or services
related to the same) on the Member Site you create: pharmaceutical or any other
controlled substances; illegal drugs; illegal drug contraband; alcohol;
firearms; weapons; pirated computer programs; pornography or illicitly
pornographic sexual products; programs to "nuke" or create attacks against
another individual or an Internet service provider; illegal goods; escort
services; instructions on how to assemble or otherwise make bombs, grenades, or
other weapons; information used to circumvent manufacturer-installed
copy-protect devices; or computer software viruses or software designed to
create a virus.
(c) You also agree that you will never promote or provide instructional
information about: illegal activities, activities that can lead to physical harm
to any group or individual, or any activities that lead to cruelty to animals.
You may not use the XSiting Technologies Service, Technology, or Member Site in any high-risk
activities where damage or injury to persons, property, environment, or business
may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless XSiting Technologies offers a service to conduct any of the following, you
agree that you will never conduct the following types of activities on the
Member Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or
Ponzi schemes; and/or unsolicited commercial email (spam).
(e) You agree that you will not (and you will not allow any third party to)
partake in the following actions: reverse engineering, reverse compiling or
otherwise deriving the underlying source code or structure or sequence of any
XSiting Technologies Service, XSiting Technologies Solution, or any Technology; individual passwording of
Member Sites (or pages contained therein); deleting or altering author
attributes or copyright notices, unless expressly permitted in writing by the
author or owner; and/or fail to obtain all required permissions when using a
XSiting Technologies Service, XSiting Technologies Solution, or Technology to receive, upload, download,
display, distribute, or execute programs or perform other works protected by
intellectual-property laws, including copyright and patent laws.
4. Changes to the Terms and Conditions
XSiting Technologies may at any time,
with notice of not less than thirty (30) days, change its fees and change the
terms of this Agreement. Except for the addition of new tools and services,
XSiting Technologies will also give reasonable notice before any modification of the
then-current XSiting Technologies Service that could change your Member Site. XSiting Technologies will
announce changes to our fees and charges by posting them in the Home section of
our service. XSiting Technologies may, at its discretion, supplement such notice by sending
you an email or by putting a popup notice on your screen when you access the
XSiting Technologies Service, or by sending you a letter. If you find any change to be
unacceptable, you are free to terminate this agreement by following the steps
described in Section 8. Your use of the XSiting Technologies Service after the effective date
of a change constitutes your continued acceptance of the terms of this
agreement, the XSiting Technologies Service, and its fee schedule.
XSiting Technologies relies on the ongoing support of its
sponsors and advertisers to help fund the free services it offers its Members.
Accordingly, XSiting Technologies reserves the right to serve ads as it deems appropriate on
and alongside the XSiting Technologies Service where Members will administer their Member
6. Information About You and Your Business
(a) XSiting Technologies is
committed to protecting your privacy. XSiting Technologies will never sell
personally identifiable information about you or your business to any
third party without first receiving your permission, and all uses of any
personally identifiable information about you or your business will be
(c) In order to protect you, XSiting Technologies
uses state-of-the-art technology to protect your data from unauthorized
third parties. Currently XSiting Technologies uses Secure Sockets Layer
(SSL) software to protect your data and secure your transactions. SSL
encrypts all your personal information, including your PayPal account,
name, and address, as it is transmitted over the Internet.
7. XSiting Technologies Rights
(a) Member Site Content Changes. XSiting Technologies reserves
the right to make changes to Member Site upon written request by you to Customer
Support to do so, such as through email, or upon breach of any of the provisions
of this Agreement by providing you notice of such breach and reasonable time,
determined by XSiting Technologies at its sole discretion, to rectify the infringing content.
If after such time has expired the Member Site does not conform to XSiting Technologies's
satisfaction, XSiting Technologies may make changes to the content of Member Site to bring it
to compliance with this Agreement. Member agrees not to hold XSiting Technologies liable for
any foreseeable, unforeseeable, direct, or indirect consequences that may result
from changes made by Customer Support to Member Site in response to Member
request to do so or in response to a Member Site that breaches this Agreement.
XSiting Technologies's decisions are final and binding. Notwithstanding the above, XSiting Technologies
also reserves the right to discontinue the provision of any or all aspects of
the XSiting Technologies Service or any XSiting Technologies Solution to any Member for any breach of this
(b) Communications. You will receive a confirmation
email from us at the time of registration. XSiting Technologies reserves the right to
communicate with all Members regardless of their email subscriptions in the
event that important messages need to be communicated to Members, including, but
not limited to, service outages, material changes or modifications to the
service, and notice of changes to this Agreement.
This agreement shall be effective upon when you purchase the service, terminated in
accordance with the provisions below.
(b) Termination by XSiting Technologies.
(i) XSiting Technologies may at any time without
notice to you discontinue any or all aspects of the XSiting Technologies
Service or restrict your use of the XSiting Technologies Service in whole
or in part for any breach of this Agreement by you; or if XSiting
Technologies determines in its sole and exclusive judgment that
terminating your use of the XSiting Technologies Service is necessary for
security reasons or for proper continued operation of the XSiting
Technologies Service; or your use of the XSiting Technologies Service,
XSiting Technologies Solution, or Technology is not for legitimate
business purposes, or your use of the XSiting Technologies Service
violates any laws or regulation; or if XSiting Technologies receives
information that the XSiting Technologies Service or your use of the
XSiting Technologies Service (or any part thereof) may violate any
(ii) XSiting Technologies may at any time, with thirty (30) days notice to you, modify or
discontinue any or all aspects of the XSiting Technologies Service.
(iii) XSiting Technologies may at any time, with
ten (10) days notice to you, modify or discontinue any or all aspects of the
XSiting Technologies Service or any XSiting Technologies Solution, if XSiting Technologies is unable to charge
valid charges to that PayPal account, or if you otherwise fail to make payments
due to XSiting Technologies hereunder.
(iv) Upon termination of this Agreement, all rights
granted to you under this Agreement shall terminate immediately. If XSiting Technologies
terminates this Agreement or suspends your access to the XSiting Technologies Service, you
will remain liable for the full charge for the period during which we terminate
or suspend your XSiting Technologies Service. Following such termination or suspension, you
agree not to reregister for or otherwise access the XSiting Technologies Services without
XSiting Technologies's prior written approval. XSiting Technologies reserves the right to delete any data
files associated with your use of the XSiting Technologies Service upon termination of this
(c) Termination by You.
You may cancel your XSiting Technologies Service at any time.
To cancel, you must submit a written request to Customer Support at least
five (5) business days before the beginning of your next billing period. If your
notice to XSiting Technologies is within this five (5) business-day period before the
beginning of your next billing period, you will be charged for the subsequent
billing period, and the cancellation will take effect for the following billing
Effects of Cancellation
cancel your XSiting Technologies Service, then as of the end of the applicable billing period,
you will no longer have access to any of the tools and services
included in the service, therefore: (i) XSiting Technologies will no longer host
your web site, and all of your Information will be deleted; (ii) you
will no longer have access to any site building services, communication tools,
XSiting Technologies IS NOT RESPONSIBLE FOR THE DELETION OF ANY FILE, ATTACHMENT,
INFORMATION, CONTENT, OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL THIS
You agree to indemnify XSiting Technologies and hold XSiting Technologies
harmless against any and all liabilities, cost, and expenses, including
reasonable attorney's fees related to or arising from: (i) your use of the
XSiting Technologies Service in a way that is prohibited or restricted under this agreement;
(ii) infringement of any copyright, trademark, intellectual property, or other
right or patent by any material you post or use on your Member Site; (iii) any
breach by you of this Agreement; and/or (iv) any indecent, obscene, or libelous
material posted on your Member Site.
10. Reporting Violations
XSiting Technologies does not actively monitor the
content of Member Sites but will investigate complaints of a violation of
third-party rights. Violations or infringement of a third-party copyright, other
intellectual property right, or other right will be dealt with in accordance
with the XSiting Technologies Policy.
11. Proprietary Rights
As between the parties, XSiting Technologies acknowledges
that it claims no proprietary rights in your Information or any intellectual
property right contained therein. As between the parties, you acknowledge and
agree that XSiting Technologies and its licensors own all right, title, and interest in: (a)
the XSiting Technologies Service or any XSiting Technologies Solution; (b) the Technology available on the
XSiting Technologies Service or XSiting Technologies Solution; (c) and all content, including but not
limited to text, software, music, sound, photographs, video, graphics, or other
material contained or maintained on the XSiting Technologies Service or XSiting Technologies Solution
(collectively "XSiting Technologies Content"), excluding all Member Information. In addition,
you agree that the XSiting Technologies Content and Technology available on the XSiting Technologies
Service or any XSiting Technologies Solution is protected by U.S. and international
copyrights, trademarks, service marks, patents, or other proprietary rights and
laws; therefore, you are permitted to use this XSiting Technologies Content and Technology
only as expressly authorized by XSiting Technologies or its licensors. You also understand
and agree that the compilation, collection, selection, arrangement, assembly,
and coordination of all XSiting Technologies Content available on the XSiting Technologies Service or
XSiting Technologies Solution is the exclusive property of XSiting Technologies and its licensors and
protected by U.S. and international copyright laws. You agree that, except as
expressly authorized by XSiting Technologies, all the XSiting Technologies Content and Technology
available on the XSiting Technologies Service or XSiting Technologies Solution may be used by you only for
your internal business and data-gathering purposes. You may make copies of
selected portions of the XSiting Technologies Content, provided that such copies are made
only for your internal use and only if you maintain any proprietary notices
contained in such XSiting Technologies Content; otherwise you may not make, use, sell, copy,
reproduce, distribute, transmit, or create derivative works from this XSiting Technologies
Content or Technology without expressly being authorized to do so by
12. Trademarks and Service Marks
XSiting Technologies, XSiter, XSiting Technologies Solutions, and other pending and/or
registered trademarks and service marks, and other graphics, logos, and service
names used by XSiting Technologies on the XSiting Technologies Service or XSiting Technologies Solutions to identify
the products or services of XSiting Technologies (collectively the "XSiting Technologies Trademarks") are
the trademarks of XSiting Technologies. You agree not to use the XSiting Technologies Trademarks in
connection with your products or services or any third-party products or
services or in any manner that disparages or discredits XSiting Technologies. All other
brands and names (including third-party product names) used on the XSiting Technologies
Service are the property of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE
PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE
THAT IN NO EVENT WILL XSiting Technologies, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE XSiting Technologies SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE
ON THE XSiting Technologies SERVICE ("XSiting Technologies AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER
WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN
RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE XSiting Technologies SERVICE; (II) FOR
LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES,
OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF
PROFITS, EVEN IF XSiting Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF XSiting Technologies AND THE XSiting Technologies AFFILIATES ARISING
FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM)
IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO XSiting Technologies DURING THE TERM OF THIS
AGREEMENT FOR ANY XSiting Technologies SERVICE, XSiting Technologies SOLUTION, OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS XSiting Technologies OR ANY XSiting Technologies AFFILIATE LIABLE FOR ANY DAMAGES
ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH
THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND XSiting Technologies'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF
ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT
(EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A
FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT
LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT THOSE
OF XSiting Technologies, AND XSiting Technologies DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR
THE CONTENT OF ANY MEMBER SITES. XSiting Technologies IS NOT RESPONSIBLE FOR THE CONTENT OF
ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN
THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF
THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE
INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY
COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS
PERMISSION OF THE AUTHOR OR OWNER.
(c) XSiting Technologies IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR
SERVICES SOLD OR ADVERTISED THROUGH THE XSiting Technologies NETWORK OR THROUGH ANY XSiting Technologies
AFFILIATE PROGRAM OR THROUGH THE MEMBER SITES.
(d) EXCEPT FOR 14(a), ALL XSiting Technologies SERVICE, CONTENT, AND TECHNOLOGY PROVIDED
IN ASSOCIATION WITH THE XSiting Technologies SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, NEITHER XSiting Technologies NOR XSiting Technologies'S LICENSORS MAKE ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE XSiting Technologies SERVICE,
CONTENT, TECHNOLOGY, OR PRODUCTS THAT XSiting Technologies OR ITS LICENSORS OR ANY OTHER
THIRD PARTY PROVIDES, AND XSiting Technologies AND ITS LICENSORS EXPRESSLY DISCLAIM ALL
IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE
FOREGOING, NO WARRANTY IS GIVEN THAT THE XSiting Technologies SERVICE OR TECHNOLOGY IS
ERROR-FREE. XSiting Technologies AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY
OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(e) XSiting Technologies DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE
LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. XSiting Technologies AND ITS
LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS
IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER
INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS'
(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE XSiting Technologies SERVICE MAY INCLUDE
TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION;
THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE XSiting Technologies SERVICE,
XSiting Technologies SOLUTION, OR TECHNOLOGY.
(g) XSiting Technologies MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU
ACKNOWLEDGE AND AGREE THAT XSiting Technologies IS NOT RESPONSIBLE FOR THE AVAILABILITY OF
SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR
LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR
AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT XSiting Technologies SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR
ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH
CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.
(h) If you purchase XSiting Technologies, XSiting Technologies makes no
warranty or guarantee as to the effect of Search Engine tracking your web site.
(a) This Agreement shall be governed by and
construed in accordance with U.S. federal and California laws, excluding its
conflict-of-law provisions. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any law or
regulation that provides that the language of a contract shall be construed
against the drafter shall not apply to this Agreement. You agree to submit to
the exclusive jurisdiction of the federal and state courts of the state of
California, which are located in San Francisco, CA. If local laws prohibit your
participation in any part of the XSiting Technologies Service, or use of them, then you are
responsible for complying with such laws and the terms of this Agreement.
(b) Any and all disputes between you and XSiting Technologies will be settled by
arbitration in San Francisco, CA, in accordance with the regulations of the
American Arbitration Association then in force, and you agree that all
negotiations, discussions, and settlements shall be subject to obligations of
confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then
such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
(d) All notices to you shall be in writing and shall be made either via email
or conventional mail, or by posting such notices on the XSiting Technologies Service. XSiting Technologies
may broadcast notices or messages through the XSiting Technologies Service to inform you of
changes to this Agreement, the XSiting Technologies Service, or other matters of importance;
such broadcasts shall constitute notice to you. All notices to XSiting Technologies from you
must be made in writing via our Customer Support form.
(e) XSiting Technologies's failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by XSiting Technologies in writing.
(f) Except in the event that you purchase any XSiting Technologies Solution, this
Agreement comprises the entire agreement between you and XSiting Technologies and supersedes
all prior agreements between the parties regarding the subject matter contained
herein. Should you choose to purchase any XSiting Technologies Solution, you will be bound by
all terms and conditions relating to the provision of such XSiting Technologies Solution.
(g) Your membership in the XSiting Technologies Service and any of your rights hereunder
may not be assigned or transferred to any third party. XSiting Technologies reserves the
right to assign this agreement to any third party that acquires all or
substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience
of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have
read this Agreement, and agree to be bound by its terms and conditions.