Terms of Services
1. ACCEPTANCE OF TERMS
xpedxworkshops and xpedx provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time
at:
http://www.xpedxworkshops.com/terms.htm.
2. DESCRIPTION OF SERVICE
xpedxworkshops provides users with access to a rich collection of resources,
including, various tools and tutorials which may be accessed through any
various medium or device now known or hereafter known or developed (the
"Service). You also
understand and agree that the Service may include advertisements and that these
advertisements are necessary for the Service to be provided. You also
understand and agree that the Service may include certain communications from
xpedxworkshops such as service announcements, and administrative messages.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new expedxworkshops properties,
shall be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that xpedx and xpedxworkshops assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining
access to the Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also 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 xpedxworkshops has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
xpedxworkshops has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
4. XPEDXWORKSHOPS PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full P3P privacy policy at:
http://www.xpedxworkshops.com/p3p_policy.htm
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by xpedx, xpedxworkshops and its
affiliates.
5. INDEMNITY
You agree to indemnify and hold xpedx, xpedxworkshops, and its affiliates,
officers, agents, 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 your use of the Service, your connection to the Service, your
violation of the TOS.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
7. MODIFICATIONS TO SERVICE
xpedxwokshops 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 xpedx and or xpedxworkshops shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that xpedx and xpedxworkshops shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
9. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because xpedxworkshops has no control over such
sites and resources, you acknowledge and agree that xpedx and xpedxworkshops is
not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that xpedx and
xpedxworkshops 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 site or resource.
10. XPEDXWORKSHOPS 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 xpedxworkshops 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.
11. 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.
XPEDXWORKSHOPS 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. XPEDXWORKSHOPS 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 XPEDXWORKSHOPS OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XPEDX AND OR XPEDXWORKSHOPS SHALL NOT
BE LIABLE TO YOU 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 XPEDXWORKSHOPS
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) ANY OTHER MATTER RELATING TO THE SERVICE.
13. 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 OF SECTIONS 11 AND 12 MAY NOT APPLY
TO YOU.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
15. NOTICE
XPEDXWORKSHOPS may provide you with notices, including those regarding changes
to the TOS, by either email, regular mail, or postings on the Service.
16. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
xpedxworkshops and governs your use of the Service, superseding any prior
agreements between you and xpedxworkshops with respect to the Service.
Choice of Law and Forum. The TOS and the relationship between you and
xpedxworkshops shall be governed by the laws of the State of Ohio without
regard to its conflict of law provisions. You and xpedxworkshops agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Hamilton, Ohio.
Waiver and Severability of Terms. The failure of XPEDXWORKSHOPS to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.