YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by
the Service's registration form (such information being the "Registration
Data") and (b) 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 we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof).
Xodo Inc. PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full Privacy Policy: http://www.xodoinc.com/privacy.html
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and member account designation upon completing
the registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify
Xodo Inc. of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the
end of each session. Xodo Inc. cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 4.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of
the person from which such Content originated. This means that you, and
not Xodo Inc., are entirely responsible for all Content that you upload,
post,
e-mail or otherwise transmit via the Service. Xodo Inc. does not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by
using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Xodo Inc. be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of
any Content posted, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise transmit
any Content that:
(a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful,
or otherwise objectionable;
(b) you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential
information );
(c) infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party; or
(d) interferes with or disrupts the Service or servers or networks connected
to the Service
Xodo Inc. and its designees shall have the right to remove any Content that
violates the Terms of Service or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content.
You acknowledge and agree that Xodo Inc. may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms of Service; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of Xodo Inc., its users and the public.
INDEMNITY
You agree to indemnify and hold Xodo Inc., and their subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out
of Content you submit, post to or transmit through the Service, your use
of the Service, your connection to the Service, your violation of the Terms
of Service, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Xodo Inc. may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that e-mail messages or other uploaded Content will be retained by the Service,
the maximum number of e-mail messages that may be sent from or received by
an account on the Service, the maximum size of any e-mail message that may
be sent from or received by an account on the Service, the maximum disk space
that will be allotted on Xodo Inc.'s servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that Xodo Inc. has no responsibility or
liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge
that Xodo Inc. reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that Xodo Inc. reserves
the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Xodo Inc. reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Xodo Inc. shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Xodo Inc., in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation,
for lack of use or if Xodo Inc. believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Service. Xodo Inc. may also in its
sole discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of your
access to the Service may be effected without prior notice, and acknowledge
and agree that Xodo Inc. may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that Xodo Inc. shall
not be liable to you or any third-party for any termination of your access
to the Service.
XODO Inc's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service
or advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by
Xodo Inc. or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute
or create derivative works based on the Service or the Software, in whole
or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Xodo Inc. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Xodo Inc. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Xodo Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Xodo Inc. SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Xodo Inc. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
Xodo Inc. makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-Xodo Inc. web site, please
understand that it is independent from Xodo Inc., and that
Xodo Inc. has no control over the content on that web site. In
addition, a link to a optindrive.com web site does not mean that
Xodo Inc. endorses or accepts any responsibility for the content,
or the use, of such web site.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no Content included
in the Service is intended for trading or investing purposes. Xodo Inc. shall
not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on such information.
DISCLAIMER REGARDING SEARCH
Search and Directory are free services offered by Xodo Inc.. Because the Web
changes constantly, no search engine technology can possibly have all accessible
sites at any given time. Thus, Xodo Inc. explicitly disclaims any responsibility
for the Content or availability of information contained in our search index
or directory.
TRADEMARK
Xodo Inc., the optindrive.com logo, the newspaper mastheads and other
newspaper
marks and logos, other Xodo Inc. network logos and service names are
trademarks of Xodo Inc. ("Xodo Inc. Marks").
Without Xodo Inc.'s prior permission, you agree not to display or use
in any manner
the Xodo Inc. Marks.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
Xodo Inc.
Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
UNSOLICITED BULK E-MAIL
Any Xodo Inc. e-mail user who sends unsolicited advertisements or solicitations,
commercial or otherwise, may have their account disabled and be disallowed
further service. Xodo Inc. has the sole discretion to immediately disable any
account in order to forestall further abuse or damage to e-mail systems.
Should this occur, the e-mail user shall be notified as soon as reasonably
possible. Unsolicited advertisements or solicitations sent from other networks
which reference e-mail accounts hosted at Xodo Inc. shall be treated as if
they originated from the account referenced, unless there is sufficient reason
given for Xodo Inc. operations staff to believe that the message truly originated
with some unrelated party. Postings made to the usenet newsgroups or other
online forums which reference e-mail accounts hosted at Xodo Inc., and are
deemed to be inappropriate according to the local ethical standards of that
forum, may be treated in the same manner as unsolicited bulk e-mail.
