Subject to these Terms and Conditions of Use (“Agreement”), XpairCo (as defined hereunder) makes available certain services online at XpairCo.com Websites, collectively referred to as “Our Service”, on various websites to authorized users (“you” or “your”) by virtue of your accessing Our Service. Our Service delivers information, data, access, research, reports, programs, video, audio, other content and Services (“Content”) to users so that users can become more informed about certain services that are available from business within the Xpairco network.
For the purposes of this Agreement, “XpairCo” shall mean XpairCo , its Affiliates (any company or website that provides access to Our Service), and Other Parties (Partners; Content Providers; Licensors; and Service Providers).
Additionally, for the purposes of this Agreement, “Related Parties” shall mean XpairCo and its Affiliates’ and Other Parties’ respective Officers, Directors and Employees.
XpairCo reserves the right at any time to amend, change, revise, add, or modify the terms and conditions set forth in this Agreement without prior notice to you. XpairCo will post such amendments, changes or modifications Terms of Service, or, at its option, may otherwise cause the terms and conditions to be delivered to you, electronically or otherwise.
Your continued use of Our Service after the amendments, changes or modifications to this Agreement are posted constitutes your agreement to be bound by such amendments, changes or modifications to this Agreement, regardless of whether you have actually read them. XpairCo may justifiably rely upon such continued use of Our Service as evidence of the acceptance of any such amendments, changes or modifications. XpairCo shall not be bound by any verbal statements that seek to amend the terms and conditions set forth in this Agreement.
Your intentional use of the site where indicated is valid evidence of your consent to be legally bound by the terms and condition of such additional applications and by other documentation submitted in the registration process or governing your relationship with XpairCo. The use of an electronic version of these documents, including within this notification, fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents and agree to conduct the registration process and other transactions with XpairCo by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of such communications at Terms of Service or sending same via email. You agree that this Agreement constitutes notice of such posting. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication.
The electronically or other properly stored copy of this Agreement and any Account Application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of XpairCo’s copy of the documents in any proceeding arising out of this Agreement.
Any access or use of Our Service or any other Service offered by XpairCo , its affiliates or non-affiliated companies through XpairCo, constitutes your unconditional acknowledgement and acceptance of and agreement to this Agreement. This Agreement and its provisions shall be continuous, cover individually and collectively all of Our Services which you may use, and inure to the benefit of XpairCo , its successors and assigns. The Agreement shall be binding upon you and your estate, executors, personal representatives, administrators, successors and assigns.
In consideration of XpairCo providing you with access to XpairCo web site, you understand and agree to the following:
You warrant and represent you have the required legal capacity and you are authorized to enter into this Agreement.
XpairCo shall not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer system or software. You are responsible for providing and maintaining the communications equipment, including personal computers and modems required for accessing Our Services. XpairCo reserves the right to suspend Our Service to you if you violate any condition.
XpairCo will maintain adequate procedures to ensure the confidentiality of all account information within its possession. All your account numbers, User ID’s and passwords are confidential, and you agree to be fully responsible for your account and identification numbers and for all activities under your account number, User ID, or password. XpairCo may justifiably rely that any actions conducted through Our Service and placed under your account number, User ID, or password were placed or authorized by you. You will immediately change your password if any of the following shall occur: (1) the loss or theft of your account number, User ID, or password; or (2) should you become aware of any unauthorized use of your account number, User ID, or password.
Our Service and all of the Content and Information are provided “as is” without warranty of any kind. XpairCo and Information Providers expressly disclaim all warranties and conditions with regard to Our Service, the Content, and the Information, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. By using Our Service, Content, and Information, you assume all of the risks associated with their use, and you release and agree to indemnify and hold harmless XpairCo and Information Providers from any and all liability, claims for damages, and losses arising from or connected with such risks.
You agree that neither XpairCo nor the Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Information or Content on Our Service, or for any decision made or action taken by you in reliance upon or interpretation of the Information or Content on Our Service. In no event shall XpairCo or the Information Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (1) the use of Our Service, Content, or the Information; (2) the delay, interruption or inability to use any aspect of Our Service, Content or the Information; (3) any Information or Content obtained through Our Service; or (4) otherwise arising out of the use of Our Service, Content, or Information, whether based on contract, tort, strict liability or otherwise, even if XpairCo or Information Providers have been advised of the possibility of damages. Some states do not permit exclusions of certain implied warranties or the exclusion of incidental or consequential damages; so these disclaimers and limitations may not apply to you.
Our Service, Content, and the Information provided by XpairCo and Information Providers, and the manner of their provision, individually or as a whole, are all protected pursuant to U.S. patent, copyright laws, international treaties or conventions and other laws, and shall remain the exclusive property of XpairCo or Information Providers, and no title or ownership interest will transfer to you. You agree not to modify, print, copy, publish, transmit, license, participate in the transfer or sale of, reproduce, create derivative works from, distribute, redistribute, perform, display or in any way exploit Our Service, its content or any feature thereof.
XpairCo reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue Our Service or Content or Information, in whole or in part. XpairCo may also impose limitations or restrictions upon and may revoke your access to and your use of Our Service, Content or Information, in whole or in part, without prior notice.
The XpairCo Privacy Policy describes XpairCo ’s policies and practices with respect to information provided by you to XpairCo and is incorporated into this Agreement by this reference. A current version of the XpairCo Privacy Policy can be viewed at Privacy Policy.
Use of Our Service requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance the performance of Our Service. While your browser may allow you to “reject” cookies, Our Service may require that you accept all cookies in order for its features and security mechanisms to function fully. A “cookie” is an electronic note created by a web site and stored on your computer.
Information made available by and through Web sites is made available by XpairCo as a general reference for informational and educational purposes only. XpairCo does not control such Information, and is not responsible for the contents or availability of Information provided on the Web sites. Information is protected by copyright and subject to the Information Providers’ terms of usage. Your use of any Information is subject to compliance with such terms of usage.
Our Service may include hyperlinks to other Web sites owned or operated by parties other than XpairCo. Neither XpairCo nor its Service Providers are responsible for the content or availability of such other Web sites. Inclusion of a hyperlink does not imply any recommendation or endorsement of the material or content on such third-party Web sites, nor any association with their operators. Under no circumstances will XpairCo or its affiliates be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim action, damage, expense or attorneys’ fees caused or alleged to have been caused in connection with the use or reliance on any content, goods or services available on such external Web sites.
You will not use Our Service, Content, or Information for any purpose that is unlawful, violates the rights of any third party, or which is otherwise prohibited by this Agreement. You will not transmit through Our Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable and which encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
Neither XpairCo nor Information Providers shall be liable for any loss resulting from your use of the Our Service, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of your electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any “force majeure” (e.g., severe weather, earthquakes, flood, fire or other acts of God), strikes or other labor problems, or to any other cause beyond the reasonable control of XpairCo or any third party. The availability of the Our Service or Information does not constitute an offer or solicitation to buy or sell any investment product. You release and agree to indemnify and hold harmless XpairCo from any and all liability, claims for damages, and losses of any kind resulting from any action taken by you pursuant to this Agreement.
XpairCo reserves the right to suspend service and deny access to the web site, without prior notice, during scheduled or unscheduled system maintenance, repairs or upgrades. XpairCo has identified certain types of accounts and certain situations where you may electronically sign your Account Application or other documents. Your intentional action in electronically signing the Account Application or Account Documents where indicated is valid evidence of your consent to be legally bound by this Agreement and by other documentation submitted in the Account Application process or governing your relationship with XpairCo. The use of an electronic version of these Account Documents fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents and agree to conduct the Account opening process and other transactions with XpairCo by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of Account Document changes to Terms of Service. You acknowledge and agree that you are obliged to periodically review these Account Documents at Terms of Service for changes or modifications that may be made by XpairCo from time to time. The electronically or other properly stored copy of the Agreement and any Account Application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of XpairCo ’s copy of the documents in any proceeding arising out of this Agreement.
By agreeing to this Agreement, or by giving XpairCo your electronic mail address (e-mail), you consent to the electronic delivery by XpairCo to you of all information relating to your account, new product offerings, pricing changes, and changes to your service (“Communications”).Your consent further authorizes XpairCo to deliver all such Communications to you by e-mail or by posting the Communication on the Web site where the Communication can be read and printed. You agree that this Agreement constitutes notice of such posting. Your consent further authorizes XpairCo to deliver Communications to you by giving you an e-mail that includes a hyperlink to an address on the World Wide Web or the Web site where the information is posted, and can be read and printed. Your consent further authorizes XpairCo to deliver a Communication to you by sending you a notice by e-mail, mail, telephone, or facsimile transmission which directs you to an address on the World Wide Web and/or a place within the Web site where the Communication is posted and from which it can be read and printed. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication. It is mandatory that you maintain a subscription to any Communications, as described above. If you wish to no longer receive these Communications, you must cancel your account with XpairCo .
You will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of this Agreement or applicable laws, rules and regulations. Other than as expressly allowed by this Agreement, you will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, or the transfer or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services (“Materials”).
Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products. This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.
This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.
You are permitted to reference this web site from other social media web sites that are NOT AFFILIATED with any unlawful act, NOT AFFILIATED to any site that is associated to group that promotes discrimination, NOT AFFILIATE to sites that promotes weapons, NOT AFFILIATE with any sites that promotes pornography.
You may display the Material from one location at a time on your monitor/ print screens only for your individual use, keeping all our copyright and other notices on the Material. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, or provide the information or services in any manner without the prior express written consent of XpairCo. The XpairCo , or Information Providers’ company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to use any such name or mark in any advertising, publicity or any other commercial manner. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Services or in any Material. XpairCo and/or Information Providers retain all such rights of ownership.
Our Service are provided for your convenience, and use of Our Service and any reliance upon any Materials, including any action taken by you because of such use or reliance, is at your sole discretion and risk. Neither XpairCo, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to: Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from Our Service; the timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of Our Service or any Materials; any inaccuracy, omission, error or delay in Our Service or any Materials; non-performance of or interruption in Our Service or any Materials due to: (i) any act or omission by any disseminating party; (ii) any “force majeure” (i.e., flood; riot; labor dispute; accident; action of government; communications, transmissions or power failure; equipment, systems or software malfunctions) or any other cause beyond the control of any disseminating party; or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including, but not limited to, any defects or failures with respect to your software, computer systems or Internet access provider; the quality of Our Service or any Materials (including the results to be obtained from use of them); or any loss resulting from, arising out of, or related to your access and/or use of or interaction with Our Service or the Materials.
OUR SERVICE AND THE MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND NEITHER XPAIRCO NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF OUR SERVICE OR THE MATERIALS FOR ANY PURPOSE. XPAIRCO AND ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY AND ACCURACY WITH RESPECT TO OUR SERVICE AND THE MATERIALS. IN NO EVENT SHALL XPAIRCO OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO OUR SERVICE OR THE MATERIALS, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIMITATION OF LIABILITY ONLY WITH RESPECT TO CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF XPAIRCO AND ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD XPAIRCO OR ANY OF ITS UNDERLYING SERVICE PROVIDERS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THOSE CONTRACTED TO OPERATE VARIOUS AREAS ON THE SERVICE) IN CONNECTION WITH OUR SERVICE OR THE MATERIALS.
You are solely responsible for your research, and neither XpairCo nor any Information Provider makes any representations, warranties or other guarantees as to the accuracy or timeliness of any research , educational information; nor does XpairCo and Information Provider make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transactions.
Our Service and the Materials may contain typographical errors or inaccuracies. XpairCo and any Information Provider reserve the right, in their sole discretion, without any obligation and without any notice requirement, to: (1) improve and correct Our Service and the Materials and (2) suspend and/or deny access to Our Service and any of the Materials for scheduled or unscheduled maintenance, upgrades, improvements or corrections. You shall indemnify and hold harmless XpairCo and any of the underlying Service Providers, Information Providers, licensors, employees, distributors or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, or interaction with, Market Data, the Service or any Materials and Content, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with Our Service; or violation of any applicable law.
In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of my remedies under this Agreement fail of their essential purpose, I expressly agree that under no circumstances shall the total, aggregate liability of XpairCo and its underlying Service Providers, Information Providers, licensors, employees, distributors or agents to me or any party claiming by or through me for any cause whatsoever exceed $10 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate one (1) day from the date the Our Service is used by you.
If, in their judgment, Information Providers or XpairCo determines that you have misappropriated or misused information provided to you or otherwise breached this Agreement, XpairCo may terminate this Agreement and discontinue providing service to you. Information Providers may enforce this Agreement against you, and may also take action against any person that obtains such information by legal proceeding or otherwise. You shall pay the reasonable attorney’s fees that XpairCo or any Information Provider incurs in enforcing this Agreement against you.