| The following terms and conditions ("Terms and
Conditions") govern your use of this, the web
service xssoftware.com or any other web service or site
owned and/or operated by Xpress Software, Inc. (the
"Service"), and by accessing, viewing, or using
the material and functionality on the Service, you
indicate that you understand and intend these Terms and
Conditions to be the legal equivalent of a signed,
written contract, and equally binding, and that you
accept such Terms and Conditions and agree to be legally
bound by them. If you do not agree with the Terms and
Conditions, you are not granted permission to use the
Service and should exit immediately. Proprietary
Rights. All material contained in this Service
is protected by law, including, but not limited to,
Canadian copyright law. Except as indicated, the entire
content (including images, text, and look and feel
attributes) of xssoftware.com and its family of services
is (C) 1996-2008 Xpress Software, Inc. All rights
reserved. Removing or altering the copyright notice on
any material on the Service is prohibited. Xpress
Software, Inc. also owns a copyright in this Service as a
collective work and/or compilation, and in the selection,
coordination, arrangement, organization, and enhancement
of such content. Any commercial use of this content is
prohibited without the prior written consent of Xpress
Software, Inc. Adobe and the Adobe logo are either
registered trademarks or trademarks of Adobe Systems
Incorporated in the United States and/or other countries.
All other trademarks used that are not the intellectual
property of Xpress Software, Inc. are property of their
respective holders.
Communications With Our Web Service.
Xpress Software, Inc. welcomes your feedback and
suggestions about how to improve our products and
services and this Service. By transmitting any
suggestions, information, material, or other content
(collectively, "content") to Xpress Software,
Inc., you automatically grant Xpress Software, Inc. the
royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
redistribute, transmit, perform, and display such content
(in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known
or later developed for the full term of any rights that
may exist in such content. Further, Xpress Software, Inc.
is free to use any ideas, concepts, know-how, techniques,
and suggestions contained in any communications you send
to this Service for any purpose whatever, including but
not limited to creating and marketing products and/or
services using such information.
No Solicitation or Offer or Advice.
This Service is designed to provide general information
about Xpress Software, Inc. and its products and
services. Information on the Service is not intended to
constitute an offer to sell or a solicitation of any
particular product or service.
Confidentiality Cannot be Guaranteed.
Please be advised that the confidentiality of any
communication or material transmitted to Xpress Software,
Inc. via xssoftware.com or Internet electronic mail
cannot be guaranteed, including personal information such
as your address or telephone number. To ensure private
and personalized attention, you may also contact Xpress
Software, Inc. by telephone at +1-416-840-4881.
Privacy Statement. Xpress Software,
Inc. has a Privacy Statement disclosing what information
we collect about visitors, how we use such information
and the steps we take to secure such information. Click
here to view the Privacy Statement, which is
incorporated by reference, as if set forth fully herein.
Disclaimer of Warranty and Liability.
Use of this service is entirely at your own risk. Neither
Xpress Software, Inc. nor its affiliates is responsible
for the consequences of reliance on any information
contained in or submitted to the service, and the risk of
injury from the foregoing rests entirely with you. These
materials are provided "as is" without warranty
of any kind, either express or implied. Xpress Software,
Inc. shall not be liable for any direct, special,
indirect, incidental, consequential, or punitive damages,
including without limitation, lost revenues or lost
profits, which may result from the use of, access to, or
inability to use these materials. Under no circumstances
will the total liability of Xpress Software, Inc. to you
exceed the price paid for use of the service.
Corrections and Changes. While we
endeavor to keep these materials up to date, Xpress
Software, Inc. cannot assume responsibility for any
errors or omissions in these materials. Xpress Software,
Inc. further does not warrant the accuracy or
completeness of the information, text, graphics, links or
other items contained within these materials. Xpress
Software, Inc. may make changes to these materials, or to
the products or services described herein, at any time
without notice, and makes no commitment to update the
information contained herein. Xpress Software, Inc.
reserves the right to terminate your access to the
Service in the event that you violate these Terms and
Conditions, or for any reason whatever.
Indemnification. You agree to defend,
indemnify, and hold harmless Xpress Software, Inc., its
affiliates and subsidiaries, and all of their respective
directors, officers, employees, representatives,
proprietors, partners, shareholders, servants,
principals, agents, predecessors, successors, assigns,
and attorneys from and against any and all claims,
proceedings, damages, injuries, liabilities, losses,
costs, and expenses (including attorney's fees and
litigation expenses) relating to or arising from your use
of the Service and any breach by you of these Terms and
Conditions.
Links to Other Web Services. This
Service may, from time to time, contain links to other
Internet web services for the convenience of users in
locating one of our clients' services, information, or
services that may be of interest. These services are
maintained by organizations over which Xpress Software,
Inc. exercises no control, and Xpress Software, Inc.
expressly disclaims any responsibility for the content,
the accuracy of the information and/or quality of
products or services provided by or advertised on these
third-party services. Xpress Software, Inc. does not
control, endorse, promote, or have any affiliation with
any other web service unless expressly stated herein.
Use of the Internet. Use of the
Internet is solely at your own risk and is subject to all
applicable provincial, national and international laws
and regulations. Neither Xpress Software, Inc. nor its
affiliates will be liable for any loss resulting from a
cause over which they do not have direct control,
including but not limited to failure of electronic or
mechanical equipment or communication lines, telephone or
other interconnection problems, computer viruses,
unauthorized access, theft, operator errors, severe
weather, earthquakes, natural disasters, strikes or other
labor problems, wars, or governmental restrictions.
Governing Law and Jurisdiction. These
Terms and Conditions will be governed by and construed in
accordance with the laws of the Province of Ontario,
Canada, without reference to its choice of law rules. By
accessing, viewing, or using the material on the Service,
you consent to the jurisdiction of the federal and
provincial courts presiding in Toronto, Ontario, and
agree to accept service of process by mail and hereby
waive any and all jurisdictional and venue defenses
otherwise available. This Service is controlled and
operated by Xpress Software, Inc. from its offices within
Canada. Xpress Software, Inc. makes no representation
that materials in the Service are appropriate or
available for use in other locations, and access to them
from territories where their contents are illegal is
prohibited. Those who choose to access this Service from
other locations do so of their own volition and are
responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire
agreement between you and Xpress Software, Inc. with
respect to your use of the Service. You acknowledge that,
in providing you access to and use of the Service, Xpress
Software, Inc. has relied on your agreement to be legally
bound by these Terms and Conditions.
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