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BY CLICKING THE “SUBSCRIBE” BUTTON, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS (the “AGREEMENT” or “TERMS OF USE”). Do not use or sign up or use XLege if you do not agree.
These Terms of Use govern your use of XLege. In this Agreement, the term “you” means the person who is agreeing to these Terms of Use. We may change any term to this Agreement at any time after providing 14 days notice of such change. If you disagree with any changes to this Agreement, you must discontinue your use of XLege before these changes take effect. If you continue using XLege after the changes take effect, you are deemed to have agreed to the new terms.
We may change or discontinue any offering or feature on XLege at any time and without notice.
You consent to the information practices regarding your account and the choices that you can make about the use of your information as disclosed in the XLege Privacy Policy.
You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use XLege, or any of its content in any way that: (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (5) violates this Agreement, guidelines or any policy posted on XLege. You may not give access to your account, or disclose your password to others. You are responsible for keeping your account information, including all passwords, confidential.
We may cancel or suspend your access to XLege at any time, without cause and/or without notice. Your right to use XLege will end once your service is terminated. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
We provide XLege “as is”, “with all faults” and “as available.” Thus your use of XLege is at your own risk. We make no express warranties or guarantees about XLege or any of its Content or materials. TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM IMPLIED WARRANTIES THAT THE CONTENT OF XLEGE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the website, docket reports or the server(s) on which they are hosted are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF XLEGE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE XLEGE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
XLege Inc. disclaims any liability for errors or omissions in the services and you assume the risk of possible errors or omissions. No legal advice is intended or offered by XLege in making any of the Content available, and XLege disclaims any and all liability related to any decision take by a party in reliance upon the Content.
IN NO EVENT, WE SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE XLEGE SERVICES AND SOFTWARE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to indemnify, defend and hold harmless XLege and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from using XLege.
This Agreement constitutes the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to Texas conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Collin County, Texas, and you consent to personal and subject matter jurisdiction in such courts.
