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This Terms of Use Agreement sets forth
the standards of use for of the Xwrls.com Online communications
information/ service ("Xwrls.com", owned and
operated by X Wireless, Inc.) for site visitors (the
"Visitors") and users (the "Members").
By using Xwrls.com website you (the "User")
agree to terms and conditions in this Agreement, and
also agree to our Privacy Policy and answers to the
questions on the FAQ page. If you do not agree to the
terms and conditions of this agreement, you should immediately
cease all usage of this website We reserve the right,
at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted
at Xwrls.com website your continued use of the Service
after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement
may not be amended. This Terms of Use Agreement was
last updated on January 01, 2006.
1. Description of Service
Xwrls.com provides users with access
to a rich collection of communications resources related
to website links (the "Service"). You also
understand and agree that these webpages are necessary
for Xwrls.com to provide the Service.
2. Disclaimer of Warranties
The site is provided by Xwrls.com
on an "as is" and on an "as available"
basis. To the fullest extent permitted by applicable
law, Xwrls.com makes no representations or warranties
of any kind, express or implied, regarding the use
or the results of this website in terms of its correctness,
accuracy, reliability, or otherwise. Xwrls.com shall
have no liability for any interruptions in the use
of this website Xwrls.com disclaims all warranties
with regard to the information provided, including
the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied
warranties; therefore the above-referenced exclusion
is inapplicable.
3. Limitation of Liability
XWRLS.COM SHALL NOT BE LIABLE
FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR XWRLS.COM
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS,
LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED
IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF XWRLS.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR
THE LIMITATION OR EXUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
4. Indemnification
All users agrees to indemnify
and hold Xwrls.com, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees and costs,
made by any third party due to or arising out of User's
use of the Service, the violation of this Agreement,
or infringement by User, or other user of the Service
using of any intellectual property or any other right
of any person or entity.
5. Members Account
All Members of the Service shall
provide login username, name, email, and password
for the account. Members are entirely responsible
for any and all activities which occur under their
account whether authorized or not authorized. Member
agrees to notify Xwrls.com of any unauthorized use
of Member's account or any other breach of security
known or should be known to the Member. Member's right
to use the Service is personal to the Member. Member
agrees not to resell or make any commercial use of
the Service without the express written consent of
Xwrls.com.
6. Modifications, Operation, and Interruption
to Service
Xwrls.com reserves the right to
edit, move, delete, or discontinue all or part of
the Service with or without notice at our sole discretion.
Xwrls.com shall not be liable to Member or any third
party should Xwrls.com exercise its right to modify
or discontinue the Service. Member acknowledges that
Xwrls.com have editorial discretion to determine the
structure and content of Xwrls.com. Member acknowledges
and agrees to waive any claim related to the inclusion,
placement, exclusion, or removal of any data in Xwrls.com
or to the title or description of any site appearing
in Xwrls.com, and accepts that Xwrls.com does not
guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be
interfered with or adversely affected by numerous
factors or circumstances outside of our control.
7. Third Party Sites
Our website include links to other
sites on the Internet that are owned and operated
by online merchants and other third parties. You acknowledge
that we are not responsible for the availability of,
or the content located on or through, any third-party
site. You should contact the site administrator or
webmaster for those third-party sites if you have
any concerns regarding such links or the content located
on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies
of each site, and we are not responsible therein.
We encourage all Visitors and Members to review said
privacy policies of third-parties' sites.
8. Disclaimer Regarding Accuracy of
Information
Product specifications and other
information have either been provided by Members or
collected from publicly available sources. While Xwrls.com
makes every effort to ensure that the information
on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of
any information provided on this website.
Xwrls.com makes no warranties or
representations whatsoever with regard to any product
or service provided or offered by Third-Parties, and
you acknowledge that any reliance on representations
and warranties provided by any Member shall be at
your own risk.
9. Governing Jurisdiction of the Courts
of New York
Our website is operated and provided
in the State of New York. As such, we are subject
to the laws of the State of New York, and such laws
will govern this Terms of Use, without giving effect
to any choice of law rules. We make no representation
that our website or other services are appropriate,
legal or available for use in other locations. Accordingly,
if you choose to access our site you agree to do so
subject to the internal laws of the State of New York.
10. Compliance with Laws
Member assumes all knowledge of
applicable law and is responsible for compliance with
any such laws. Member may not use the Service in any
way that violates applicable state, federal, or international
laws, regulations or other government requirements.
Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or
international law or regulation.
11. Copyright and Trademark Information
All content included or available
on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof
is ©2006 Xwrls.com, will all rights reserved,
or is the property of Xwrls.com and/or third parties
protected by intellectual property rights. Any use
of materials on the website, including reproduction
for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction
or data mining, or other commercial exploitation of
any kind, without prior written permission of an authorized
officer of Xwrls.com is strictly prohibited. All users
agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor
or copy our web pages or the content contained therein
without prior written permission of an authorized
officer of Xwrls.com.
All other trademarks displayed on
Xwrls.com website are the trademarks of their respective
owners, and constitute neither an endorsement nor
a recommendation of those Vendors. In addition, such
use of trademarks or links to the website of Vendors
is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation
with Xwrls.com.
12. Notification of Claimed Copyright
Infringement
Our Copyright Agent for Notice
of claims of copyright infringement on the Site can
be reached by submitting a message at: Info@Xwrls.com
13. Terms for Ads
We reject links leading to contents
that may be unlawful, illegal, harmful, stalking,
threatening, abusive, harassing, defamatory, pornographic,
tortious, libelous, vulgar, objectionable offensive,
or invasive of another's privacy.
14. Pricing, Payment, and Refund Policy
You represent and warrant that
if you are purchasing from us that (i) any credit
information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit
card company, (iii) you will pay the charges incurred
by you at the posted prices, including any applicable
taxes, and (iv) Xwrls.com reserves the right to change
prices or policies at any time. Should this happen,
it will be very clearly reflected at Xwrls.com main
page and FAQ page.
Once payments are made, fees are
non-refundable, nor will prorated refunds be granted
for any unused period term or any ads cancelled due
to abuse of terms above, or for any reason. Xwrls.com
is not liable for ad not displayed for certain period
of time because of any kind of technical difficulties.
15. Terms for community forum and
chat usage
You are fully responsible for any
content you post on Xwrls.com community forum, including,
but not limited to, photos, personal profile(s), messages,
classifieds, e-mail messages - and the consequences
of any such content.
You understand and agree that Xwrls.com
may review from time to time and delete any content
that violates this Agreement or which might be sexually
oriented, offensive, illegal, spamming or harm the
safety of or violate the rights of other users and
members.
Note: Hate speech is not acceptable
and will not be tolerated on Xwrls.com. As defined
by Xwrls.com, hate speech may consist of symbols or
images, as well as text.
Xwrls.com defines sexually oriented
content as any material that depicts, in actual or
simulated form, or explicitly describes, in a predominantly
sexual context, human genitalia, any act of sexual
intercourse, any act of sadism or masochism, or any
other erotic subject directly related to the foregoing.
Xwrls.com reserves the right to refuse
membership to anyone. Xwrls.com may terminate your
membership and any and all information, communications
or postings, at any time, without notice, for conduct
that violates this Agreement.
16. Other Terms
If any provision of this Terms
of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be
assigned by Xwrls.com, in our sole discretion, to
a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written
agreement between us in relation to your participation
as a User. User agrees that by accepting this Terms
of Use Agreement, User is consenting to the use and
disclosure of their personally identifiable information
and other practices described in our Privacy Policy
Statement.
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