GENERAL
By accessing and using the Xcess.io website (our or this “Website”), you agree to the following terms of use as they may be modified, changed, supplemented or updated from time to time (collectively, these “terms”), as well as all applicable laws and regulations. Please read the following terms and conditions carefully. If you do not agree to all of these terms, please do not use this Website or any information, links or content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of the terms set forth below including our Privacy Policy which is hereby incorporated in these terms by reference. If you are using our Website on behalf of your organization, that organization accepts these terms.
These terms may be modified, changed, supplemented or updated by Xcess.io (“Xcess.io”, “we”, “us” or “our”) also includes any associated companies, directors, employees, agents in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. Your continued use of this Website will confirm your acceptance of these terms as modified, changed, supplemented or updated by us. If you do not agree to such revised terms you must stop using this Website and any information, links or content contained on this Website.
ACCEPTABLE USE POLICY
You must only use the content or services provided through this Website for their stated purpose. You must not use this Website to:
INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Website, products or services;
(ii) your User Content;
We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Xcess.io.
DISCLAIMER
This website and all information, products and services provided through this website are provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of this website, any products or services we may provide through it or the information or material it contains.
Xcess.io disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation: (a) any warranty with respect to the content, information, data, services, availability, uninterrupted access, or services or products provided through or in connection with this website; (b) any warranties that this website or the server that makes it available are free of viruses, worms, trojan horses or other harmful components; (c) any warranties that this website, its content and any services or products provided through it are error-free or that defects in this website, its content or such services or products will be corrected; (d) any warranties of title or implied warranties of merchantability or fitness for a particular purpose; (e) any warranties that this website will be compatible with your computer or other electronic equipment; and (f) any warranties of non-infringement. The materials and related graphics published on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on this website. Xcess.io may make improvements and/or changes to the website, its products, services and/or the materials described on this website at any time.
In addition, to the maximum extent permitted by law, Xcess.io shall be responsible or liable for:
In no event will Xcess.io be responsible or liable for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) regardless of whether Xcess.io have been advised of the possibility of such damages, liabilities, losses, costs or expenses, arising out of or in connection with: (a) the use or performance of this website; (b) any provision of or failure to provide this website or its
services (including without limitation any links on our website); (c) any information available from this website; (d) any conduct or content of any third party; (e) unauthorized access, use or alteration of the transmission of data or content to or from us; or (f) the failure to receive in any way the transmission of any data, content, funds or property from you.