Terms of Use
Updated January 24, 2018
Welcome to the Xurrent website. Xurrent provides this site to you subject to the following conditions. By visiting the Xurrent website (the “Site”), you accept these conditions. Please read them carefully. In addition, when you use the Xurrent service, you also will be subject to the Xurrent User Agreement, Privacy Policy and Acceptable Use Policy (“Terms”) applicable to the Xurrent service. If these conditions are inconsistent with such Terms, the Terms will control.
Privacy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you using the Xurrent service, by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Xurrent or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Xurrent and protected by U.S. and international copyright laws. All software used on this Site is the property of Xurrent or its software suppliers and protected by United States and international copyright laws.
Trademarks
Xurrent, and the Xurrent logos are trademarks of Xurrent in the U.S. and other countries. Xurrent’s trademarks may not be used in connection with any product or service that is not Xurrent’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xurrent. All other trademarks not owned by the Xurrent that appear on this Site are the property of their respective owners, who may or may not be affiliated with, or connected to, Xurrent.
Patents
One or more patents owned by Xurrent may apply to this Site and to the features and the Xurrent service accessible via this Site. Portions of this Site may operate under license of one or more patents.
License and Site Access
Xurrent grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Xurrent. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Xurrent in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Terms of Use.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Xurrent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Xurrent without express written consent. You may not use any meta tags or any other “hidden text” utilizing Xurrent’s name or trademarks without the express written consent of Xurrent. Any unauthorized use terminates the permission or license granted by Xurrent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site, so long as the link does not portray Xurrent, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Xurrent logo or Xurrent’s proprietary graphics or trademarks as part of the link without express written permission.
Disclaimer of Warranties and Limitation of Liability
This site and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this site are provided by Xurrent on an “as is” and “as available” basis, unless otherwise specified in writing. Xurrent makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Xurrent disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Xurrent does not warrant that this site; information, content, materials, products (including any software) or services included on or otherwise made available to you through this site; its servers; or email sent from Xurrent are free of viruses or other harmful components. Xurrent will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Copyright Complaints
Xurrent respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Xurrent as soon as possible by emailing your copyright complaint to support@xurrent.com or by regular mail addressed to:
Xurrent, Inc.
8 W. Victoria Street
Santa Barbara, CA 93101, USA
U.S.A.
Applicable Law
By visiting this Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Xurrent.
Please review our other policies on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.