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Terms & Conditions

INTRODUCTION

These general terms and conditions of use ("Terms of Use") govern your use of XOTICTECH.COM. Your use and ability to register for use of this website and Content (defined below) constitute your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and Content. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site, otherwise, your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

This website is owned and operated by XOTICTECH. XOTICTECH may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

This Site presents information, content, products, and services (collectively, "Content") that are owned exclusively or licensed by XOTICTECH. When used in these Terms of Use, "we" and "our" mean XOTICTECH and "you" and "your" refers to any individual, company, or legal entity that accesses or otherwise uses this website.

 

ADDITIONAL TERMS

XOTICTECH offers the ability to access and use certain Content, for purchase, licensing, subscription or other payment-based arrangement through portions of this Site. We may have established or will establish additional or different terms and conditions for such other Content, products, and services. You agree to review all applicable additional or different terms and conditions relating to XOTICTECH products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have an account with XOTICTECH, your customer relationship is also governed by other agreements, such as your account agreement, as applicable. In the event of any conflict between these Terms of Use and such account agreements, your account agreements shall govern and control.

 

YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT

When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless XOTICTECH for losses incurred by XOTICTECH or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

 

YOUR RESPONSIBILITY FOR SECURITY

XOTICTECH assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

 

OWNERSHIP AND USE OF CONTENT

All of the information and Content on this Site, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, , rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered ("Intellectual Property Rights"), are owned exclusively or licensed by XOTICTECH. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain without any alteration all copyright, trademark, and other proprietary notices, legends or markings. XOTICTECH reserves the right to terminate at any time your right to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Content are reserved.

 

OWNERSHIP AND USE OF TRADEMARKS

The trademarks and service mark "XOTICTECH " and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) displayed on the Site are owned by XOTICTECH. Other proprietary XOTICTECH marks may be designated as such from time to time on this Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use including, but not limited to, as metatags, key words, text or other links or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by XOTICTECH.

 

LINKS

This Site may contain links to third-party websites. XOTICTECH does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that XOTICTECH is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, XOTICTECH does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.

 

AVAILABILITY

Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.

 

CONTENT POSTED BY YOU

The Site may contain various pages where you and other members may post content. You may only post content to the Site that you created or which the owner of the content has given you permission to post. You should carefully choose the information you post on the Site. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site. You may not post or distribute content that is illegal or unlawful (including any defamatory, or obscene content or content that violates another party's right to privacy, right against publicity or puts such party in a false light), or that violates these Terms of Use. By posting or distributing content to the Site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Site and (b) the content does not and will not infringe upon any copyright or any other intellectual property right of a third party, nor violates any other rights of a third party (including a third party's right to privacy, right against publicity or puts such party in a false light nor violates any law or regulation.

All information, ideas, suggestions, or other communications you submit to XOTICTECH, including, but not limited to, content posted on the Site or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Site, you grant XOTICTECH the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Site, XOTICTECH does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. XOTICTECH owns all right, title, and interest in any compilation, collective work or other derivative work created by XOTICTECH using or incorporating content posted to the Site.

 

CONTENT POSTED BY OTHER USERS

XOTICTECH is not responsible for and does not endorse content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall XOTICTECH be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact XOTICTECH or click on the "Report Inappropriate Content" link on the Site. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

 

ACTIVITIES PROHIBITED ON THE SITE

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. XOTICTECH reserves the right to investigate and take appropriate legal action against anyone who, in XOTICTECH sole discretion, engages in any of the prohibited activities. Prohibited activities include - but are not limited to - the following:

  • Using the Site for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by XOTICTECH in its sole discretion or pursuant to local community standards. However, XOTICTECH takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming";
  • Harassing, threatening, stalking, or abusing any person; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of XOTICTECH, exposes XOTICTECH or any of its customers or suppliers to any liability or detriment of any type.

 

XOTICTECH reserves the right, but is not obligated, to do any or all of the following:

  • Record the dialogue or content posted on any pages of the Site;
  • Investigate an allegation that anything posted on the Site does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
  • Terminate a user's access to the Site upon any breach of these Terms of Use;
  • Monitor, edit, or disclose any posting on the Site; and
  • Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.

 

 

ADDITIONAL INFORMATION

All information, other than personal information subject to XOTICTECH’s Privacy Policy, submitted to XOTICTECH through this Site or any related XOTICTECH Site is the property of XOTICTECH. XOTICTECH is free to use any ideas, concepts, know-how or techniques that you may submit to XOTICTECH through this Site for any purpose, including but not limited to, improving our services. We are not subject to any obligations of confidentiality regarding any submitted information except as specified in XOTICTECH’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

 

CHANGES

XOTICTECH reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

 

PRIVACY

You may review XOTICTECH’s Privacy Policy at www.XOTICTECH.com

 

CHILDREN

This Site does not intend to market any XOTICTECH products or services to children under thirteen (13) years of age. XOTICTECH does not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.

 

CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS

All Content and any oral information provided by XOTICTECH executives that relates to XOTICTECH 's future performance or financial results are considered forward-looking statements. These forward-looking statements involve uncertainties that could cause actual performance or results to materially differ, and readers are cautioned not to place undue reliance on them.

 

GOVERNING LAW

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

 

WARRANTIES

Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. XOTICTECH assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, XOTICTECH, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. XOTICTECH makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. XOTICTECH cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. XOTICTECH cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. XOTICTECH cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. XOTICTECH does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

 

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

NOTICE AND TAKEDOWN PROCEDURE

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the Digital Media Law Project (the "XOTICTECH ") as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of the XOTICTECH site will comply with applicable copyright laws. However, if the XOTICTECH receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act. 

 

DESIGNATED AGENT

The XOTICTECH 's Designated Agent to receive notification of alleged infringement under the DMCA is:

Copyright Officer
Email: info@xotictech.com

Upon receipt of proper notification of claimed infringement, the XOTICTECH will follow the procedures outlined herein and in the DMCA.


INFRINGEMENT NOTIFICATION

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the XOTICTECH’s Registered Agent (listed above) the following information in a written communication (preferably via email):

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the XOTICTECH to locate the material;
  3. Information reasonably sufficient to permit the XOTICTECH to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
  5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
  6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.


COUNTER NOTIFICATION

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide the XOTICTECH’s Registered Agent (listed above) the following information in a written communication (preferably via email):

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
  4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
  5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  6. Your signature, in physical or electronic form.

Upon receipt of such counter notification, the XOTICTECH will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that the XOTICTECH will replace the removed material or cease disabling access to it in 10 business days. XOTICTECH will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.


REPEAT INFRINGERS

In accordance with Section 512(i)(1)(a) of the DMCA, the XOTICTECH will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers. 


ACCOMMODATION OF STANDARD TECHNICAL MEASURES

It is the XOTICTECH 's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the XOTICTECH determines are reasonable under the circumstances.