Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the VXI Global Solutions, LLC (“VXI”) website located as www.vxi.com (the “Site”) operated by VXI (“us”, “we”, or “our”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you acknowledge that you have read, understood and accept these Terms. If you disagree with any part of the terms then you may not access the Site.
Our Site may contain links to third-party web sites or services that are not owned or controlled by VXI.
VXI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that VXI 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 or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the VXI, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights not expressly granted are reserved.
Permission is granted to electronically display and electronically copy and print hard copy portions of this Site for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of this Site is strictly prohibited.
The trademarks, service marks, trade names, trade dress, sounds, designs, and logos (collectively, the “Trademarks”) associated with the Site are the owned by VXI Global Solutions, LLC and its licensors. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. You agree that you will not refer to or attribute any information to VXI Global Solutions, LLC or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, VXI Global Solutions, LLC or its licensors.
You must follow any policies made available to you within the Site.
In accessing or using this Site and the content, you agree to comply with these Terms as well as applicable laws, rules, regulations, and court orders. This Site and the content are protected by applicable copyrights, and other proprietary and intellectual property rights. You do not acquire any ownership rights in the content or this Site. You may download publicly-available content on this Site only for your personal, non-commercial use, provided that: (i) you keep intact all copyright and other proprietary notices; and (ii) if your copying or use of copyrighted materials on this Site is other than “fair use” under federal copyright laws, you must seek permission directly from the copyright holder.
Do not misuse our Site. You may use our Site only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing access to the Site to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
You may not do any of the following:
- violate any copyrights, and other proprietary or intellectual property rights in this Site or the content;
- engage in any data mining, or use “bots” or similar data gathering and extraction tools or methods in connection with this Site or the content;
- decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this Site;
- transmit, post, or otherwise make available: (a) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right or proprietary right; (b) viruses, Trojan horses or other harmful programs or material; or (c) advertising or promotional materials, “spam,” or any other form of solicitation;
- misrepresent your affiliation with or impersonate any person or entity;
- interfere with or disrupt this Site, or attempt to circumvent this Site’s security features;
- remove or modify any copyright notices, other proprietary notices, or references to these Terms in the content or on this Site; or
- misrepresent the content or this Site, or misinform others about the origin or ownership of the content or this Site.
You are responsible for all content that you transmit or otherwise make available to this Website. Your access to and use of this Website may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.
Our Site display some content that is not VXI’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Site, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
THE SITE, ITS CONTENTS AND THE SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. VXI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS USES AND THE SERVICES OFFERED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL VXI, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE SITE.
You agree to indemnify and hold VXI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against VXI by any third party due to or arising out of or in connection with your use of the Site.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
All claims arising out of or relating to these Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA, and you and VXI consent to personal jurisdiction in those courts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and VXI with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and VXI with respect to such use are hereby superseded and cancelled.