Terms Of Use
Review the following terms and conditions concerning your use
of the isXperia.com website. By accessing, using or downloading any materials
from the website, you agree to follow and be bound by these terms and conditions
(the "Terms"). isXperia, LLC reserves the right to change the Terms at
any time and in its sole discretion. In case of any violation of the Terms,
isXperia, LLC reserves the right to seek all remedies available to it in
law and in equity.
Ownership
You acknowledge that all materials provided on this website, including but not
limited to information, documents, products, logos, graphics, sounds, images,
software, and services ("Materials"), are provided either by isXperia,
LLC or by their respective third party authors, developers and vendors
("Third Party Providers") and the underlying intellectual property rights are
owned by isXperia, LLC and/or its Third Party Providers. Elements of the
website are protected by trade dress and other laws and may not be copied or
imitated in whole or in part. isXperia, LLC, the isXperia, LLC logo,
Optimum SynergyTM and any isXperia, LLC products referenced herein are
trademarks of isXperia, LLC, and may be registered in certain jurisdictions.
All other product names, company names, marks, logos, and symbols may be the
trademarks of their respective owners.
Limited License; Restrictions
Subject to the terms and conditions of this Agreement, isXperia, LLC hereby grants
you permission to display, cache, and download isXperia, LLC's Materials on this
website provided that: (1) you display the relevant ownership notices provided with
the Materials; (2) the use of such Materials is solely for your personal, non-commercial
and informational use and will not be used for commercial gain; and (3) the Materials
are not modified in any way. This permission terminates automatically without notice
if you breach any of these terms or conditions. isXperia, LLC forms and printed
materials may be reproduced in whole for your use in building your isXperia, LLC
business. Except as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or
by any means, including but not limited to electronic, mechanical, photocopying,
recording, or other means, without the prior express written permission of
isXperia, LLC or the Third Party Provider. Also, you may not "mirror" any
Materials contained on this website on any other server without isXperia,
LLC's prior express written permission. Except where expressly provided otherwise
by isXperia, LLC, nothing on this website shall be construed to confer any
license under any of isXperia, LLC's or any Third Party Provider's intellectual
property rights, whether by estoppels, implication, or otherwise. You acknowledge sole
responsibility for obtaining any such licenses. Materials provided by Third Party
Providers have not been independently reviewed, tested, certified, or authenticated
in whole or in part by isXperia, LLC. isXperia, LLC does not provide, sell,
license, or lease any of the Materials other than those specifically identified as
being provided by isXperia, LLC. Any unauthorized use of any Materials contained
on this website may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
Termination of Services/Web Site
isXperia, LLC may modify or discontinue its website or the Materials provided here at any
time, with or without notice to you. isXperia, LLC will not be liable to you or any third
party as a result of such modification or discontinuation. isXperia, LLC reserves the right,
in its sole discretion and at any time, to terminate your access to the website and/or any of its
services without liability to you or any third-party. In addition, access to the website may be
monitored by isXperia, LLC. Upon termination of these Terms, you will immediately destroy any
downloaded or printed Materials.
Links to Third Party Sites
This website may contain links to websites controlled by parties other than
isXperia, LLC. isXperia, LLC is not responsible for and does not
endorse or accept any responsibility for the contents or use of these third
party websites. isXperia, LLC is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
isXperia, LLC of the linked website. You should refer to the policies posted by
other websites regarding privacy and other topics before you use them. It is your
responsibility to take precautions to ensure that whatever you select for your use is
free of viruses or other items of a destructive nature.
Links to Our Site
You may not link any other site to isXperia, LLC's site or display any isXperia, LLC
content within a frame or border, or "deep link" or harvest content located on any isXperia,
LLC site.
Disclaimer
THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR
COMMERCIAL USE ONLY, AND SYNERGYXPERSS, LLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD
TO BE LEGALLY INVALID. ISXPERIA, LLC MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES,
OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF
THE MATERIALS CONTAINED ON THE WEB SITE OR ANY OTHER WEB SITE REFERENCED BY THIS WEB SITE.
Limitation of Liability
IF YOU ARE NOT SATISFIED WITH OUR WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE
OF THE WEB SITE. ISXPERIA, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A
RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS, OR USE OR INABILITY TO USE THE WEB SITE. IN NO EVENT SHALL ISXPERIA,
LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER
ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ISXPERIA, LLC HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND
YOU WILL NOT MAKE A CLAIM AGAINST ISXPERIA, LLC FOR LOST DATA, RE-RUN TIME, INACCURATE
OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO
HOLD ISXPERIA, LLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE ISXPERIA, LLC FOR,
ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE. THE EFFECTIVENESS OF THESE
LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS WEB SITE.
Indemnification In exchange for accepting the
benefits you receive by accessing this website, you agree to defend, indemnify, and
hold harmless isXperia, LLC, its officers, directors, employees, agents, and
partners, from and against any claims, actions, or demands, including without limitation
reasonable legal and accounting fees, made by any third party due to or resulting from
your use of the website, your violation of these Terms, or your violation of any laws,
regulations, or third-party rights.
isXperia, LLC Privacy Policy
isXperia, LLC is concerned about your privacy and has developed a policy to address
those concerns. You can find the current privacy policy by clicking on 'Privacy Statement'
at the bottom of each page of the website.
General
These Terms will be governed by and construed in accordance with the laws of the
State of Florida, excluding that body of law governing conflict of laws. Any legal
action or proceeding relating to or arising out of these Terms or your use of the
website will be brought in a federal or state court in Florida or Lee County, Florida,
and you submit to the venue and personal jurisdiction of such court. If any provision
of these Terms is held to be invalid or unenforceable, such provision will be enforced
to the greatest extent possible and the remaining provisions will remain in full force
and effect. Headings are for reference purposes only and in no way define, limit,
construe, or describe the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. Except for other agreements or terms appearing on the
website, these Terms set forth the entire understanding and agreement between us with
respect to the subject matter hereof.
Additional Information
Any questions relating to this website or Terms of Use may be directed to customerservice@isXperia.com.
|