Terms of Service
IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO XMLUnify, AND "YOU" AND "YOUR" REFER TO YOU.
1. ACCEPTANCE OF TERMS
By using XMLUnify products and services, you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use our products and services. Your use of our products and services constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically.
XMLUnify may provide links to other websites. XMLUnify exercises no control whatsoever over such other non-XMLUnify websites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. XMLUnify shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to XMLUnify.com, including information, material, products and services therein, is solely at your own risk.
XMLUnify's privacy statement is applicable only when you are on XMLUnify.com. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless XMLUnify and their respective officers and employees from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of XMLUnify.com; his or her violation of the Terms.
4. DISCLAIMER OF WARRANTIES
EACH USER'S USE OF XMLUNIFY.COM AND XMLUNIFY PRODUCTS AND SERVICES IS AT HIS OR HER SOLE RISK. XMLUNIFY.COM AND XMLUNIFY PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND XMLUNIFY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH XMLUNIFY.COM USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. XMLUNIFY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, XMLUNIFY MAKES NO WARRANTY THAT (i) XMLUNIFY.COM OR ANY XMLUNIFY PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. XMLUNIFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY USER'S USE OR INABILITY TO USE XMLUNIFY.COM OR XMLUNIFY PRODUCTS AND SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN XMLUNIFY AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, XMLUNIFY DOES NOT AND CANNOT CONTROL THE ACTIONS OF XMLUNIFY.COM USERS, VISITORS OR LINKED THIRD PARTIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO XMLUNIFY.COM OR ANY SERVICES. OPERATION OF XMLUNIFY.COM MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY XMLUNIFY.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL XMLUNIFY, OFFICERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH XMLUNIFY.COM, OUR PRODUCTS AND SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
6. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of XMLUnify.com and all of its Products and Services.
7. NO AGENCY
You and XMLUnify are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
8. TRADEMARK INFORMATION
XMLUnify.com, the XMLUnify logo and other XMLUnify trademarks, service marks, and product and service names are trademarks of XMLUnify. (the "XMLUnify Marks"). All other names and designs may be trademarks of their respective owners.
9. RESOLUTION OF DISPUTES
In the event a dispute arises between you and XMLUnify, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and XMLUnify agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
Amicable resolution. Before resorting to the other alternatives below, we strongly encourage you to first contact us directly to seek an amicable resolution through dialog.
Alternative Dispute Resolution. Alternatively, XMLUnify will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All Claims between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim.
10. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and XMLUnify and govern each user's use of the Products and Services, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate products and services or third party software. The Terms and the relationship between each user and XMLUnify shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.