Terms of Use

ExXothermic, Inc. Terms of Use Policy

ExXothermic, Inc. (“ExXothermic”, “We” or “Us”) Internet Web Site Terms Of Use

Last updated: March 16, 2013
Effective as of: February 26, 2013

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND EXXOTHERMIC AND GOVERN YOUR ACCESS TO, AND USE OF, THE EXXOTHERMIC WEBSITE LOCATED AT WWW.EXXOTHERMIC.COM (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. EXXOTHERMIC MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. EXXOTHERMIC CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. EXXOTHERMIC ALSO MAY SEND NOTICE OF A CHANGE TO USERS THAT HAVE PROVIDED THEIR EMAILS TO EXXOTHERMIC THROUGH THE SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

ExXothermic provides various documents, manuals and information relating to ExXothermic’s mobile applications, such as Stream Catcher, including content, logos, graphics and images on the Site (together, the “Materials”). These Materials are made available to you by ExXothermic and are the copyrighted and/or trademarked work of ExXothermic or ExXothermic’s contributors.

ExXothermic grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Site solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. You shall not distribute the Materials in any manner to any third party. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Your use of the ExXothermic’s mobile applications, such as Stream Catcher, is subject to the terms and conditions of a separate terms of use or end user license agreement.

Privacy Policy

Your use of this Site is governed by the ExXothermic Privacy Policy, which is available at http://www.ExXothermic.com/privacy (the “Privacy Policy”).

Third Party Content

Certain information and other content may be the material of third party licensors and suppliers to ExXothermic (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ExXothermic DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not ExXothermic sites. ExXothermic is providing these links to you only as a convenience, and ExXothermic is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold ExXothermic and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ExXothermic or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. ExXothermic may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ExXothermic’s discretion, ExXothermic will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Registered Users

You may be given access to certain password protected areas of the Site. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify ExXothermic immediately of any unauthorized use of your password or any other breach of security relating to the Site. You shall only use the Materials within the password protected areas of the Site in performance of services for or on behalf of ExXothermic. All Materials in the password protected areas of the Site are ExXothermic’s trade secrets and shall not be distributed to any third party.

Proprietary Rights

ExXothermic is a trademark of ExXothermic in the United States and pending in certain other countries via the Madrid Protocol. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ExXothermic, Copyright © 2012-2013 ExXothermic, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by ExXothermic, and they may include inaccuracies or typographical or other errors. ExXothermic does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. ExXothermic has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by ExXothermic or our licensors.

ExXothermic, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ExXothermic DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

EXXOTHERMIC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL EXXOTHERMIC BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF EXXOTHERMIC KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND EXXOTHERMIC SHALL NOT BE LIABLE IN THE AGGREGATE FOR MORE THAN TWO HUNDRED DOLLARS ($200.00).

Local Laws; Export Control

ExXothermic controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

If you violate these Terms, ExXothermic may terminate and/or suspend your access to this Site without notice.

California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Travis County, Texas. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ExXothermic’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ExXothermic and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ExXothermic about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.