Terms & Conditions of Use
Acceptance of Terms of Use
These Terms of Use govern your use of the XOGENT, INC. and its affiliates (Hereinafter "XOGENT's") online and mobile web site (the "Website" or collectively, the "Websites") and our tablet and smartphone applications (the "Application" or collectively the "Applications"). By using, visiting, or browsing the Websites or using the Applications, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Websites or Applications. These Terms of Use are an ongoing contract between you and XOGENT and apply to your use of the Websites or Applications. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
XOGENT reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the XOGENT Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the XOGENT Web site after changes are made means that you agree to be bound by such changes.
Privacy and Personal Information
XOGENT is committed to protecting the privacy of the personal information you provide us on our Websites and Applications. Any information submitted on the Websites and Applications is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
Your Account
If you use the Websites or Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone or tablet, and you agree to accept responsibility for all activities that occur under your account or password. The Websites and Applications sell products to adults, who can purchase with a credit card. If you are under 18, you may use the Websites and Applications only with involvement of a parent or guardian. XOGENT and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Your Acceptance
BY USING AND/OR VISITING ANY WEBSITE or APPLICATION OPERATED BY XOGENT LC ("XOGENT's"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF XOGENT'S PRIVACY NOTICE ("Privacy Policy"), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Websites or Applications.
XOGENT Websites and Applications
These Terms of Use apply to all users of the Websites and Applications, including users who are also contributors of video content, information, and other materials or services on the Websites or Applications. The Websites and Applications may contain links to third party websites that are not owned or controlled by XOGENT. XOGENT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, XOGENT will not and cannot censor or edit the content of any third-party site. By using the Websites or Applications, you expressly relieve XOGENT from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Websites or Applications and to read the terms and conditions and privacy policy of each other website that you visit.
Website/Application Access
XOGENT hereby grants you permission to use the Websites as set forth in this Terms of Use, provided that: (i) your use of the Websites and Applications as permitted are solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Websites or Applications in any medium without XOGENT's prior written authorization; (iii) you will not alter or modify any part of the Websites or Applications other than as may be reasonably necessary to use the Websites or Applications for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
In order to access some features of the Websites or Applications, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify XOGENT immediately of any breach of security or unauthorized use of your account. Although XOGENT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of XOGENT or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Websites or Applications in a manner that sends more request messages to the XOGENT servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, XOGENT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. XOGENT reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites or Applications, nor to use the communication systems provided by the Websites or Applications for any commercial solicitation purposes.
Intellectual Property Rights
The content on the Websites and Applications, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to XOGENT, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites and Applications is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. XOGENT reserves all rights not expressly granted in and to the Websites, Applications and the Content.
User Submissions
The Websites or Applications may now or in the future permit the submission of photos, audio files, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, XOGENT does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize XOGENT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission.
XOGENT's designated Copyright Agent to receive notifications of claimed infringement is: Lawton Brown, PO Box 2861, Suwanee, GA 30024, email: dmca@xogent.com.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE XOGENT'S WEBSITES AND APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, XOGENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES, APPLICATIONS AND YOUR USE THEREOF. XOGENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INTERRUPTION OR CESSATION OF TRANSMISSION, BUGS, VIRUSES, TROJAN HORSES, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT.
Limitation of Liability
IN NO EVENT SHALL XOGENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITES OR APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnity
You agree to defend, indemnify and hold harmless XOGENT, its parent corporations, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites and Applications; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Websites and Applications are not intended for children under 13.
Arbitration
BOTH XOGENT AND YOU AGREE THAT ANY CLAIM, DISPUTE, AND/OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE WEBSITES AND APPLICATIONS SHALL BE SUBMITTED TO AND DETERMINED EXCLUSIVELY BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-16, RATHER THAN IN COURT. Any arbitration shall be initiated with and conducted by the American Arbitration Association (AAA). You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Gwinnett County, Georgia.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, MULTIPLE-PARTY, OR PRIVATE ATTORNEY GENERAL BASIS.
General
These Terms of Use shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. These Terms of Use, together with the Privacy Policy and any other legal notices published by XOGENT on the Websites or Applications, shall constitute the entire agreement between you and XOGENT concerning the Websites and Applications. XOGENT reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.
Last updated: March 31, 2015