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XTRAC Solutions Website Terms of Use

XTRAC Solutions (“XTRAC”) is pleased to provide you with the products, services, content, tools, and information on this site (the “XTRAC Site”). Your use of the XTRAC Site is subject to the following Terms of Use ("Terms").

These Terms are a binding contract between you and XTRAC. By using or accessing the XTRAC Site, you accept and agree to be bound by these Terms. Your use of the XTRAC Site is governed by the version of the Terms in effect on the date you access the XTRAC Site. XTRAC may modify these Terms at any time and without prior notice.

These Terms are in addition to any other agreements between you and XTRAC, including the XTRAC Solutions Privacy Policy, which can be found here, on any customer or account agreements, and any other agreements that govern your use of products, services and content available on the XTRAC Site.

Use of XTRAC Site

The XTRAC Site is intended only for your personal, non-commercial use, unless you and XTRAC have agreed otherwise in writing.

Copyright Policy, Linking Policy and Trademarks

The XTRAC Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the XTRAC Site, including any text, graphics, video, audio, software code, user interface design or logos. All trademarks and service marks on the XTRAC Site belong to XTRAC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

Timeliness of Content

All content on the XTRAC Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Because all servers have limited capacity and are used by many people, do not use the XTRAC Site in any manner that could damage or overburden any XTRAC server, or any network connected to any XTRAC server. Do not use the XTRAC Site in any manner that would interfere with any other party's use of the XTRAC Site.

Means of Access

The XTRAC Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the XTRAC Site, be aware that the XTRAC Site may not appear accurately through other access methods, and you use them only at your own risk. You should not access the XTRAC Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by XTRAC.

Disclaimer of Warranties

XTRAC does not make any express or implied warranties about the XTRAC site or information or documents provided on the XTRAC Site, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. XTRAC does not warrant that the XTRAC Site will meet your needs, or that it will be uninterrupted, timely, secure or error-free. XTRAC also makes no warranty that the results obtained from the use of the XTRAC Site or the quality of any products, services, information, or other material purchased or obtained by you through the XTRAC Site will meet your expectations.  XTRAC uses reasonable efforts to include accurate and up-to-date information on the XTRAC Site, it does not, however, make any warranties or representations as to its accuracy or completeness.

Limitation of Liability

XTRAC will not be liable to you or anyone else for any direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the XTRAC site). This is true even if XTRAC has been advised of the possibility of such damages or losses. XTRAC will not be liable to you or anyone else for any loss resulting from a cause over which XTRAC does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages some or all of these limitations and exclusions may not apply to you.

Indemnification

As a condition of your use of the XTRAC Site, you agree to indemnify and hold XTRAC and  its affiliates harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the XTRAC Site, or from your violation of these Terms.

Feedback

Unless XTRAC has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to XTRAC in connection with this XTRAC Site (“Submissions”) will be deemed to be provided to XTRAC on a non-confidential and non-proprietary basis and will become and remain the property of XTRAC. XTRAC has no obligations of any kind with respect to any Submissions and will be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation.  You also agree that XTRAC will be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without any payment obligation to any party.   

Third Party Links

The XTRAC Site may provide a link to other sites by allowing the user to leave the XTRAC Site to access third-party material or by bringing the third-party material into the XTRAC Site via “inverse” hyperlinks and framing technology (each a “Linked Website”).  XTRAC has no discretion to alter, update, or control the content on a Linked Website, and is not responsible if any Linked Website is not working appropriately.  XTRAC is not responsible for webcasting or any other form of transmission received from Linked Websites.  XTRAC provides these links as a convenience only, and XTRAC provision of a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.  There are inherent risks in using, retrieving, or relying upon any information found on the internet, and you are responsible for understanding these risks before using, retrieving, or relying upon any such information from a Linked Website.  You acknowledge and agree that XTRAC is not responsible for the availability of Linked Websites, and is not responsible or liable for any content, advertising, products or other materials on or available from such Linked Websites.  XTRAC will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.

Termination

XTRAC may terminate access to the XTRAC Site for any reason, without prior notice.

Modification

XTRAC may modify the XTRAC Site for any reason, without prior notice.

Governing Law

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of The Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of XTRAC’s successors and assigns, whether by merger, consolidation, or otherwise.

Severability

If a court of competent jurisdiction deems any provision of these terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.