XYmatrix Inc
 


Terms of Service

XYmatrix.com ("XYmatrix" (ex Xience)) provides search, directory, listing and shopping services ("Services") through various websites, such as XYmatrix.com, (collectivley called "XYmatrix Sites" or "XYmatrix Services"), and by using them you agree to be bound by the following terms and conditions (the "Terms of Service").

Linked-to Websites and Content  
The websites and listings linked-to by the XYmatrix services are designed and maintained by people over whom XYmatrix has no control. The websites and listings, including the ads and snapshot of linked-to sites ("Information Cards") that appear on the XYmatrix Sites and Services are provided on the basis as they have been found at the time XYmatrix's automated mechanism and computers generated the links and snapshot previews or as they have been provided by the site owners or operators. XYmatrix does not necessarily screen the sites or listings before including them in the services and can not maintain a continuous screening thereafter. The XYmatrix Services may produce link results to websites that some people find inappropriate, objectionable, or offensive. We cannot guarantee that by using the XYmatrix Services a search or link will not lead to objectionable or unintended content and we assume no responsibility for the content of any site included in the services or linked-to results. 

Personal Use

The XYmatrix Services are made available only for your personal, non-commercial use. You may not use the XYmatrix Code, Technology and Services to sell a service or product, or to increase traffic to your website for commercial reasons. You may not copy or take the XYmatrix code, design, layout, technology, directory listings and/or other services and use, change, reformat and display them, or mirror the XYmatrix page(s) on your website. If you are interested in using the code, technology and/or directory listings of XYmatrix commercially, you have to engage into an agreement with XYmatrix.

Privacy Policy

Unless required by law, we will not share willingly personal information that you provide to us, such as your name, address, billing information, email, or other data, with anyone other than XYmatrix, except with your consent. XYmatrix does not track user behavior or clicks. We may, however, collect and store raw statistical data and server log files.

Changes In Terms and Conditions and XYmatrix Services
We may change or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please check the terms and conditions from time to time so that you will be made aware of any changes.

Intellectual Property Rights
The Featured Sectors, Information Windows, Cards and Ads show either cached snap-shots and descriptions of the linked-to sites or media material as provided by site owners or operators. Any containing artwork, logos and trademarks are the intellectual property of their respective owners. All software, code, design, layout, programming and graphics are copyright by XYmatrix. All rights are reserved.

DISCLAIMER of WARRANTY
TO THE MAXIMUM EXTEND PERMITTED BY APLLICABLE LAW, IN NO EVENT SHALL XYmatrix, ITS SUBSIDIARIES, SUPPLIERS, OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE OR RESPONSIBLE FOR I) THE ACCURACY, AVAILABILITY, COMPLETENESS, CONTENT, LEGALITY, OPERABILITY, RELIABILITY OF INFORMATION OR MATERIAL FOUND IN THE XYmatrix SERVICES, II) THE DELETION, MISS- OR UNTIMELY DELIVERY, FAILURE TO STORE OF ANY INFORMATION OR MATERIAL, III) ANY HARM RESULTING FROM ACCESSING OR DOWNLOADING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE XYmatrix SERVICES.  
THE XYmatrix SERVICES, AND ALL INFORMATION, MATERIAL, PRODUCTS AND SERVICES INCLUDED IN THE XYmatrix SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. XYmatrix EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. XYmatrix DISCLAIMS ANY WARRANTIES REGARDING THE PERFORMANCE, RELIABILITY, SECURITY, AND TIMELINESS OF THE XYmatrix SERVICES. XYmatrix DISCLAIMS ANY WARRANTIES FOR ANY ADVICE OR INFORMATION OBTAINED THROUGH THE XYmatrix SERVICES. XYmatrix DISCLAIMS ANY WARRANTIES FOR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE XYmatrix SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE XYmatrix SERVICES, AS WELL AS FOR ANY ADVICE OR INFORMATION RECEIVED THROUGH ANY LINKS PROVIDED IN THE XYmatrix SERVICES.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN DATA OR MATERIAL THROUGH THE USE OF THE XYmatrix SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGES TO YOUR COMPUTER AND NETWORK THAT RESULT FROM THE DOWNLOAD OF SUCH DATA OR MATERIAL.

LIMITATION of LIABILITY
UNDER NO CIRCUMSTANCES SHALL XYmatrix, ITS SUBSIDIARIES, SUPPLIERS, OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO ANYONE OR ANY USER FOR THE USE OR MISUSE OF OR RELIANCE ON THE XYmatrix SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE AND SPECIAL DAMAGES, WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF XYmatrix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE XYmatrix SERVICES, FROM INABILITY TO USE THE XYmatrix SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE XYmatrix SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE XYmatrix SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE XYmatrix SERVICES, AS WELL AS BY REASON OF ANY ADVICE OR INFORMATION RECEIVED THROUGH OR ADVERTISED ON THE XYmatrix SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE XYmatrix SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST DATA OR LOST PROFITS. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE XYmatrix SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED-TO OR RELATED IN ANY WAY TO, THE XYmatrix SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL XYmatrix, ITS SUBSIDIARIES, SUPPLIERS, OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, NETWORK EQUIPMENT FAILURES, OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF or FLUCTUATIONS IN A/C, HEAT, OR LIGHT.

Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the country of France, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by XYmatrix. If you have any additional questions or concerns about the Terms of Service or Privacy Policy, please feel free to contact us:

XYmatrix.com - email Customer Support: support(at)XYmatrix.com

 

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